MAHAVEER SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has preferred this revision under section 397 of the Code of Criminal Procedure, feeling aggrieved by the appellate judgment dated 4/12/2009 passed by Sixth Additional Sessions Judge, (FTC) Lahar, in Cri. Appeal No. 86/09, whereby affirmed the judgment of conviction and sentence dated 29/7/2009 passed by JMFC Lahar in Criminal Case No. 32/04, whereby the applicant Mahaveer Singh has been found guilty for the offence punishable under section 304. A of IPC and sentenced him to suffer one year and six months SI with fine of Rs. 2,000.00 in default of fine further ordered to suffer two months imprisonment.

(2.) Briefly stated facts of the case are that on 3.2.04 at about 9.45 at village Aswar, the applicant drove the motor-cycle bearing registration No. MP-32/B- 1658 rashly and negligently and dashed one Gulabrani a lady, due to which she sustained injuries on her chest and head. Thereafter, she was immediately admitted to the hospital, wherein the Doctor declared her dead. The matter has been reported to Police Station Aswar, Pargana Lahar, Dist. Bhind, on which basis the police had registered a case; issued memo for postmortem examination of the dead body of the deceased. After due investigation, the charge sheet has been filed.

(3.) It is submitted on behalf of the applicant that the applicant is not challenging the concurrent finding of conviction recorded by the Courts below; the only prayer is that the incident had taken place in the year 2004, five years have already been passed; no previous criminal conduct of the applicant has also been proved by the prosecution; the intention of the accused/applicant is not to cause injury to the applicant; the incident has taken place all of a sudden; and the applicant is also in custody since 4/12/2009. Hence, only prayed for just reduction of the jail sentence.