Order on Board

10/12/2024

1. This revision petition is directed against the judgment dated

10.09.2015 passed by the learned Sessions Judge, Balod District- Balod (C.G.) in Criminal Appeal No.64/2015, whereby the learned appellate Court has afÏrmed the convictions but reduced the jail sentence from two years to one year for the offence punishable under Section 304-A as has been passed by the learned Chief Judicial Magistrate, Balod (C.G.) wherein convicted and sentenced the applicant as under:-

2. The prosecution case, in brief, is that, on 08.02.2013, complainants namely Radhelal and Man Singh Gawde were coming from Village Dharmpura in motorcycle C.D. Dawn bearing registration No. C.G.- 07-M.L.-1578, driven by Radhelal. When they reached near Godpal Chowk, Harrathema, they were dashed by the offending Truck bearing registration No. C.G.-07-C.A.-7299, driven by the present applicant with rash and negligent manner, as a result of which, Man Singh Gawde died on spot and Radhelal sustained grievous injuries. Thereafter, the matter was reported to the Police Station Balod and the offence under Section 279, 337, 304-A of IPC has been registered against the applicant in crime No. 262/2013 and after completing necessary investigation, charge sheet was filed before the competent Court.

3. The learned trial Court while framing charges upon him, in order to prove offences, the prosecution examined as many as 14 witnesses, however the applicant denied the charges, therefore his statement was recorded under section 313 of Cr.P.C., where he was pleaded that he has not guilty.

4. The learned trial Court, after appreciating the documents and material available on record, convicted the applicant for offences under Section 279, 337 and 304-A of IPC and sentenced him with fine of Rs. 200 & 500/-, in default of payment of fine 15 days & 1 month simple imprisonment for the offence under Section 279 & 337 of IPC respective and sentenced to undergo R.I. for 2 years with fine of Rs. 500/-, in default of payment of fine 1 month R.I. for the offence under Section 304-A of IPC. Being aggrieved by the judgment of conviction and sentence dated 14.07.2015, the applicant preferred an appeal before the learned Sessions Judge, Balod, which has been partly allowed, though afÏrmed the conviction of the applicant, however reduced the jail sentence of offence under Section 304-A of IPC from 2 years R.I. to 1 year R.I., vide impugned judgment dated 10.09.2015. Hence this revision.

5. At the outset, learned counsel for the applicant does not challenge his conviction, learned counsel only emphasized that the sentences may be modified suitably by enhancing the fine amount as the applicant has already undergone about 40 days of jail sentence for the offence under Section 304-A of IPC. Therefore, the sentence already undergone by him may be sufÏce to meet the ends of justice by enhancing the fine amount. He relied upon the judgment of the Hon’ble Supreme Court in the matter of Jaydev Shrichand Danani v. State of Gujarat reported in 1993 Supp (1) SCC 616.

6. Learned State counsel submits that both the Courts have rightly convicted and sentenced the applicant, in which no interference is called for.

7. I have perused the impugned order and other documents appended with criminal revision.

8. From perusal of the records, it transpires that the learned trial Court after considering the material available on record and evidence of the prosecuti