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IN THE SUPREME COURT OF INDIA  CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 2030    OF 2013

(Arising out of SLP(Crl.) No.5957/2013)

STATE OF MADHYA PRADESH                   Appellant(s)

                    :VERSUS:

DONGAR SINGH                               Respondent(s)

O R D E R

Leave granted.

2. Heard  the  learned  counsel  for  both  the  

parties. The respondent was proceeded under Section  

304A of the Indian Penal code for having committed  

the death of one Bachhraj due to rash and negligent  

driving.  The  Judicial  Magistrate,  First  Class,  

Chachoda, District Guna, awarded the sentence of one  

year rigorous imprisonment and a fine of Rs.1000/-  

to the respondent by his order dated 19.2.2007 which  

was left undisturbed in appeal by the Sessions Court  

at District Guna.  

3. The  respondent  filed  a  criminal  revision  

before the High Court of Madhya Pradesh. The only  

point which was argued on behalf of the respondent  

in the High Court was with respect to the sentence,

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that the sentence be reduced to the period already  

undergone by the respondent by then which was only  

34 days. The High Court has accepted the plea and  

reduced the sentence only on the ground that the  

trial was pending since 1999. We are not impressed  

by this reasoning given by the High Court.  A life  

has been lost due to the rash and negligent driving  

on the part of the respondent which could not have  

been ignored.  

4. In the circumstances, we allow this appeal,  

set  aside  the  impugned  order  passed  by  the  High  

Court and restore the order dated 19.2.2007 passed  

by the Judicial Magistrate, First Class, Chachoda,  

District  Guna,  awarding  punishment  of  rigorous  

imprisonment  for  one  year.  The  respondent  will  

surrender in two weeks, failing which he shall be  

taken into custody to undergo the remaining period  

of sentence.  

.........................J (H.L. GOKHALE)

...........................J (J. CHELAMESWAR)

New Delhi; November 29, 2013.