LAWS(SC)-2014-1-94

STATE OF M.P. Vs. OMKAR SINGH

Decided On January 23, 2014
STATE OF M.P. Appellant
V/S
OMKAR SINGH Respondents

JUDGEMENT

(1.) The Appellant-State of Madhya Pradesh aggrieved by the inadequacy of the sentence has preferred this special leave petition.

(2.) Mr. C.D. Singh, learned Counsel appearing on behalf of the Appellant-State, submits that in the facts of the present case, the High Court ought not to have reduced the sentence to the period already undergone by the Respondent herein. Having heard learned Counsel on either side and in view of the facts and circumstances of the case, particularly the fact that the occurrence had taken place long back, we are not inclined to interfere with the substantive sentence reduced by the High Court. But in the peculiar facts and circumstances of the case, we are of the considered opinion that Respondent should pay a sum of Rs. one lakh as compensation to the father of the deceased.

(3.) Learned Counsel for the Respondent has produced before us a Bank Draft, bearing No. 001248 dated 22.1.2014 drawn on Central Bank of India, for a sum of Rs. one lakh in the name of Mr. Kamla, father of the deceased. The Registry of this Court is directed to accept the same and forward the said Bank Draft to the Trial Court, i.e., Additional Chief Judicial Magistrate, Mungawali, District Guna, Madhya Pradesh, in Criminal Case No. 184 of 2001, who shall ensure that the bank draft is released in favour of the father of the deceased PW-2 without unnecessary delay. Learned Magistrate shall forward a report to this Court after the bank draft is delivered to the father of the deceased. In the result, we dispose of this appeal with the aforesaid modification in the sentence.