STATE OF M.P. Vs DONGAR SINGH
Bench: H.L. GOKHALE,J. CHELAMESWAR
Case number: Crl.A. No.-002030-002030 / 2013
Diary number: 12155 / 2013
Advocates: C. D. SINGH Vs
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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.