KHALIL KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dated 30/8/2013 passed by XIV Additional Sessions Judge, Bhopal in Cr.A. No.860/2012 whereby the judgment dated 3/9/12 passed by Judicial Magistrate First Class, Bhopal in Criminal Case No.1705/2004 convicting the petitioner under Section 304A of the Indian Penal Code and sentencing him to undergo R.I. for 1 year and to pay a fine of Rs.10.000/-, was modified. As a result, the petitioner is now required to undergo R.I. for 6 months and to pay a fine of Rs.10,000/-.

(2.) Prosecution case, in brief, is that on 17/11/1996, Truck No. MH- 34A-3035 was dashed by Truck No. MBB-9725 which was being rashly and negligently driven by the petitioner, leading to injuries to Driver and Conductor of the former Truck namely Sukha Singh and Dilbag Singh and subsequent death of Sukha Singh.

(3.) At the outset, learned counsel for the petitioner submitted that he does not want to challenge the conviction awarded to the petitioner. However, he prayed that the custodial sentence passed against the petitioner may be reduced to the period already undergone. According to him, the petitioner is in jail since 30/8/13.