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2023 Supreme(MP) 287
IN THE HIGH COURT OF MADHYA PRADESH
Dinesh Kumar Paliwal, J.
Narendra Soni v. State of M.P.
Criminal Revision No. 332 of 2023 (J); Decided on 17.7.2023
L.C. Chourasiya for applicant; Sunil Gupta, Panel Lawyer, for respondent/State.
Headnote:
Penal Code, 1860 -- S. 304A -- Criminal P.C. 1973 -- S. 357 (3) -- death in accident caused by rash and negligent driving -- driver attempted to flee from spot -- caught redhanded by mob -- evidence of witnesses corroborated by promptly lodged FIR, postmortem report and other material on record -- conviction for causing death by negligence well founded -- interference not warranted -- however, incident took place 15 years back -- age of applicant 50 years at present -- no criminal antecedent -- sentence of one year RI reduced to period of 5 months and 20 days already undergone as jail sentence -- applicant directed to pay compensation of Rs. 20,000/- to dependents/family members of deceased within 30 days. [Paras 11 & 12]
naM lafgrk] 1860 & èkkjk 304d & naM çfØ;k lafgrk] 1973 & èkkjk 357¼3½ & mrkoysiu ls rFkk mis{kkiwoZd okgu pykus ls gqà nqÄZVuk esa e`R;q & pkyd us ÄVukLFky ls Òkxus dk ç;kl fd;k & ÒhM+ }kjk jaxs&gkFk idM+k x;k & lk{khx.k dk lk{; rRijrk ls nkf[ky çFke bfÙkyk fji¨VZ] 'ko ijh{k.k fji¨VZ rFkk vU; vfÒys[kxr lkexzh ls laiq"V & mis{kk ls e`R;q dkfjr d¢ fy, n¨"kflf) ds Bksl vk/kkj & gLr{ksi okaNuh; ugha & rFkkfi] ÄVuk 15 o"kZ iwoZ ÄVh Fkh & orZeku esa vkosnd dh vk;q 50 o"kZ & d¨Ã vkijkfèkd iwoZo`Ùk ugha & ,d o"kZ d¢ dB¨j dkjkokl dk naMkns'k ÄVkdj tsy naMkns'k d¢ :i esa igys gh Ò¨xh xà 5 ekl 20 fnu dh dkykofèk dk fd;k x;k & vkosnd d¨ 30 fnu d¢ Òhrj e`rd ds vkfJr¨a@d©Vqafcd lnL;¨a d¨ #i;s 20]000@& çfrdj lanÙk djus dk funs'kA ¼iSjk 11 ,oa 12½
ORDER
1. This criminal revision is directed against judgement and order dated 19.1.2023, passed by the Additional Sessions Judge/Special judge (Electricity Act No.2) Bhopal in Criminal Appeal No.546/2022 affirming the judgement and order dated 14.10.2022, passed by the Judicial Magistrate, First Class Bhopal in Criminal Case No.2303780/2008 (State of M.P. v. Narendra Soni) convicting accused/applicant under section 304-A of IPC and sentencing him to undergo RI for one year and fine of Rs.500/-. In default of payment of fine, to further undergo RI for 1 month.
2. Facts of the case, in brief, are that on 20.2.2008, Narendra Kumar Lodhi (PW-4) informed ASI - S.C. Mishra (PW-8) posted in P.S. Nishatpura that he runs a Betel shop in a Gumti in front of Raslakhedi at Bhopal-Vidhisha road. Today, at around 2:15 PM minor Nitin Kushwaha along with his aunt (Bua) Lata Kushwaha was going towards Bhanpur from Rasalkhedi on foot and was crossing the road. In the meantime, driver of a tanker driving his tanker rashly and negligently came from Bhopal side and hit Nitin. Nitin fell down on the road and got crushed under the wheels of the truck. He died on the spot. After incident, driver along with tanker was fleeing from the spot but his vehicle was chased by the villagers, due to which he stopped the tanker and tried to fled away but he was caught by the mob. Tanker was bearing registration No. MP09-K-8219. The tanker driver introduced himself as Narendra Soni. Thus, Narendra by driving the tanker rashly and negligently run over Nitin and caused his death. Dehati Nalisi (PW-6) was recorded. After investigation, charge sheet was filed. As per postmortem examination report Exhibit P/2, the cause of death was shock and hemorrhage as a result of multiple injuries to the body and duration of death was within 12 years since postmortem examination. After completion of investigation, charge sheet was filed for commission of offence under section 304-A of IPC.
3. Learned trial Court stated accusation of the offence of section 304- A of IPC to the accused, but he pleaded not guilty.
4. In order to prove its case, prosecution examined 10 witnesses i.e. Bhajanlal (PW-1), Lata Bai Kushwaha (PW-2), Bhallu (PW-3), Narendra Kumar Lodhi (PW-4), Munnalal (PW-5), Ramesh Choudhary (PW-6), Moro Bai (PW-7), S.C. Mishra (PW-8), Dr.Dhiraj Singh Verma (PW-9), Sundarlal Pagariya (PW-10).
5. In defence, no witness was examined by the accused. Statement of the accused/applicant was recorded under section 313 of the Code of Criminal Procedure in which he denied the charges leveled against him and pleaded innocence and false implication in the case.
6. After hearing parties, learned trial Court by its judgement dated 14.10.2022, convicted and sentenced accused/applicant as mentioned herein above. Appeal was preferred challenging the judgement of conviction and order of sentence passed by the learned JMFC/trial Court. Judgement of conviction and order of sentence has been affirmed by the Court of IIIrd ASJ, Bhopal by the appeal judgement under challenge. Hence, this revision.
7. At the very outset, learned counsel for the applicant/accused submits that he is not pressing this revision on the conviction part and would confine his argument to the sentence part of the impugned judgement. He submits that applicant has already remained in jail for more than 5 months and 20 days, that the incident had taken place about 15 years back, that no criminal antecedents is against him, that applicant by now is middle aged person of 50 years, that the fine imposed by the Court below has already been deposited. Thus, keeping in view all these things, sentence imposed on him may be reduced to the period already undergone.
8. On the other hand, learned counsel for the respondent/State, though supports the judgement impugned but he has no serious objection to the submissions regarding sentence made by learned counsel for the applicant.
9. I have heard learned counsel for the parties and perused the
