OM PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dated 2/9/2013 passed by Sessions Judge, Burhanpur in Cr.A. Nos.34/13 whereby the judgment dated 1/2/2013 passed by Judicial Magistrate First Class, Burhanpur, in Criminal Case No.3414/2012 convicting the petitioner under Sections 279, 337, 338 and 304A of the IPC and sentencing him under Section 338 (on 15 counts) to undergo R.I. for 1 year and to pay a fine of Rs.1000/- on each count and under Section 304A (three counts) to undergo R.I. for 2 years and to pay a fine of Rs.1000/- on each count, was modified to the effect that fine amount under Section 304A was reduced from Rs.3000/- to Rs. 1000/-.

(2.) Prosecution case, in brief, is that on 13/2/2001, Tractor No. MP-12B/0326, was driven by petitioner and nearabout 55 persons were sitting in the Trolley. At about 1.30 p.m. the Tractor Trolley, being driven rashly and negligently, all of sudden turned turtle, causing death of three people and 15 persons were injured grievously.

(3.) At the outset, learned counsel for the petitioner submitted that he does not want to challenge the convictions awarded to the petitioner. However, he prayed that the custodial sentences may be minimized with suitable enhancement in the fine amount. According to him, the petitioner is in jail since 2/9/13.