JUDGMENT

M.Y. EQBAL, J.

1. Leave granted.

2. State of Madhya Pradesh has preferred this appeal by special leave against the judgment and order dated 22.8.2012 passed by learned Single Judge of High Court of Madhya Pradesh, Bench at Gwalior, who allowed the appeal, preferred by the respondent-accused, in part maintaining his conviction but reducing the sentence awarded by the trial court to the period already undergone subject to depositing further compensation of Rs.2,000/-to the widow/mother of the deceased.

3. The prosecution case, in brief, is that on 11.5.1998 a ward boy of Sabalgarh Hospital lodged a written report at Sabalgarh police station to the effect that one Vijay Singh of village Mangroli died in accident caused by a jeep bearing registration no.SP 7H 6045. Thereafter, case was investigated and challan was filed against the respondent-accused, who was driver of the jeep and the accident occurred due to his rash and negligent driving. After completion of trial, the Judicial Magistrate, First Class, Sabalgarh convicted the respondent-accused for the offence punishable under Sections 279, 337, 304-A of the Indian Penal Code and sentenced him to undergo six months and two