KISHAN SAVNER Vs. STATE OF M P

JUDGEMENT

(1.) This revision application under Section 397/401 of CrPC has been filed by the applicant against the judgment of conviction and order of sentence dated 22.04.2013 passed by learned Additional Sessions Judge, Sohagpur District Hoshangabad dismissing the criminal appeal No.169/2012 and thereby affirming the judgment of conviction and order of sentence dated 28.09.2012 passed by learned Judicial Magistrate, First Class, Sohagpur in Criminal Case No.267/2009 convicting the applicant under Section 304A of IPC and thereby sentencing him to suffer imprisonment of two years SI.

(2.) The contention of learned counsel for applicant is that he is not pressing this revision on merits but is only praying to interfere in the quantum of sentence. Learned counsel further submits that applicant has already suffered jail sentence of the period of 4 months and 25 days out of two years jail sentence awarded to him, therefore, he be released for the period he had already undergone.

(3.) Looking to the facts and circumstances of the case, since applicant has already suffered jail sentence for the period of 4 months and 25 days out of two years jail sentence, he is sentenced for the period already undergone by him with further stipulations that he shall pay compensation of Rs.50,000/- to the heirs of the deceased Abhitab Sinha. Let the amount of compensation be deposited in the Trial Court on or before 30.09.2013. On deposition of the fine Rs.50,000/- let it be paid to the class-I heir of deceased Abhitab Sinha according to the Schedule of Section 8 of Hindu Succession Act equally towards compensation under section 357 of CrPC. If no heir of class-1 is available, the learned Trial Court shall disburse the compensation equally to class-II heir and so on if there is no heir of class-II. Further it is made clear that in case the applicant fails to deposit the said amount, he shall further undergo one year and six months jail sentence. It is further made clear that applicant shall be released from the jail only on his deposition of compensation amount.