SURAJ MANESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has been convicted vide judgment dated 19.9.2018 passed by the learned Chief Judicial Magistrate, Sehore, in R.C.T. No.1714/2012 for offence punishable under Sections 279, 337 (5 counts), 304-A (2 counts) of IPC and sentenced under Section 337 of IPC to undergo R.I. for 6 months and fine of Rs.500/- (for each count), and under Section 304-A of IPC to undergo R.I. for 2 years and fine of Rs.5000/- (for each count). In criminal appeal No.98/2018 vide judgment dated 19.11.2019, the learned Second Additional Sessions Judge, Sehore, partly allowed the appeal by affirming the conviction of the applicant for the aforesaid offences but his jail sentence was modified as per Section 71 of IPC and cumulatively sentenced him for offence under Section 304-A of IPC to undergo 1 year rigorous imprisonment with fine of Rs.12,500/-, with default stipulation. Being aggrieved by the aforesaid judgments, the applicant has preferred the present criminal revision under Section 397/401 of the Cr.P.C.

(2.) The brief facts giving rise to the filing of the present revision, in short, are that, on 8.8.2012, the applicant was driving a vehicle Tavera bearing registration No.MP50-BC-0536. The complainant Swapnil Chaurasia alongwith Sanjay Chaurasia, Seema Chaurasia, Maayanta @ Priya Chaurasia, Shobha Chaurasia, Devendra Dubey and Abhishek Parashar were travelling in that vehicle. At about 4.30 a.m., the vehicle went off the road and fell into a side pit which was filled with water and turned turtle. The persons sitting in the vehicle received injuries. They were shifted to hospital for proper treatment. Shobha Chaurasia and Sanjay Chaurasia succumbed to the injuries, whereas Swapnil Chaurasia, Seema Chaurasia, Maayanta @ Priya Chaurasia, Devendra Dubey and Abhishek Parashar received simple injuries. Matter was reported to Police Station-Kotwali, District-Sehore and FIR was registered at crime No.567/2012. After completing the investigation, charge-sheet was filed before the Court of CJM, Sehore.

(3.) Learned trial Court after completing the trial, delivered a judgment on 19.9.2018, convicting the applicant for offence punishable under Sections 279, 337 (5 counts), 304-A (2 counts) of IPC and sentenced him as mentioned above. The applicant being aggrieved by that conviction and sentence, preferred an appeal which was registered as Criminal Appeal No.98/2018. After hearing both the parties, the learned Second Additional Sessions Judge, Sehore, vide judgment dated 19.11.2019 partly allowed the appeal by affirming the conviction of the applicant under Sections 279, 337 (5 counts), 304-A (2 counts) of IPC, however, sentence was modified as per Section 71 of IPC by cumulatively sentencing him for offence under Section 304-A of IPC to undergo 1 year rigorous imprisonment with fine of Rs.12,500, with default stipulation.