IMPORTANT POINT
Accused found guilty of causing death should be made to compensate the victim or his/her dependants. If the compensation from accused resources is not adequate, the State should make it up u/s 357A.

JUDGMENT

ADARSH KUMAR GOEL J.

1. Leave granted.

2. This appeal has been preferred by the State of Madhya Pradesh against judgment and order dated 6th November, 2012 passed by the High Court of Madhya Pradesh at Gwalior in Criminal Revision No.72 of 2007 reducing the sentence awarded to the respondent under Section 304A of the Indian Penal Code (“IPC”) from RI for one year and under Section 337 IPC from RI for three months to RI for 10 days which was the period already undergone by him.

3. On 22nd November, 1997, the deceased Sushila Bai wife of PW 4 Ram Charan along with her husband was returning from Village Ragho Garh to their home in village Kudhaidher. The respondent accused had drawn electricity wire from the pole upto his field which was not visible in the darkness. Ram Charan got trapped in the wire and became unconscious. The deceased Sushila Bai received electric shock in the process of removing the wire. On receiving the information PW 5 Mishrilal, brother of Sushila Bai and PW 1 Kallu reached the site of the incident along with PW 3 Goverdhan and PW 2 Somlal. It was found that Sushila Bai had died while Ram Charan was injured but alive. He was taken to the hospital. FIR was lodged. Post mortem was conducted on the dead body and after investigation, the respondent accused was sent up for trial under Section 304-A/337 IPC. The accused denied the allegations and alleged that he was falsely implicated.

4. The prosecution examined PW 6 Dr. N.K. Sharma to the effect that the deceased and Ram Charan received injuries by electric current and that Sushila Bai had died due to shock of the current. PW 1 Kallu as well as PW 4 Ram Charan clearly deposed that the wire was laid by Mehtaab from the pole to the field which was lying naked and resulted in the death of Sushila Bai. This action clearly amounted to the offence alleged. The said evidence was corroborated by the other witnesses. Accordingly, the trial Court convicted the respondent-accused under Section 304A and 337 IPC and sentenced him to undergo RI for one year and pay fine of Rs.500/-in default to undergo further RI for one month under Section 304-A and to undergo RI for three months under Section 337 IPC. The conviction and sentence having been upheld by the Court of Session, the respondent preferred a revision petition before the High Court. The respondent did not challenge his conviction but only sought reduction in sentence of imprisonment. The said prayer was accepted and the sentence was reduced to the period already undergone.

5. Aggrieved by the order of the High Court, the State of Madhya Pradesh has preferred this appeal.

6. We have heard learned counsel for the parties.

7. Learned counsel for the State submitted that the accused respondent had installed a transformer in his field and left the electric wires naked which was a negligent act. The deceased Sushila Bai died on account of the said naked wire which had high voltage and was not visible in the dark. The offence having been fully proved by the evidence on record, the High Court was not justified in reducing the sentence to 10 days which was not just and fair. Even if liberal view on sentence of imprisonment was to be taken, the High Court ought to have enhanced the sentence of fine and awarded a reasonable compensation as a condition for reduction of sentence.

8. We find force in the submission. It is the duty of the Court to award just sentence to a convict against whom charge is proved. While every mitigating or aggravating circumstance may be given due weight, mechanical reduction of sentence to the period already undergone cannot be appreciated. Sentence has to be fair not only to the accused but also to the victim and the society. It is also the duty of the court to duly consider the aspect of rehabilitating the victim. Unfortunately, these factors are missing in the impugned order. No cogent reason has been assigned for imposing only 10 days sentence when an innocent life has been lost. Award o