JAFAR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 7th of August 1992 passed by 1st Additional Sessions Judge of Vidisha, Camp Sironj, whereby the conviction and sentence of the petitioner Zafar Khan u/S. 304 -A IPC was maintained and the only modification was made that instead of six months R.I. the petitioner was directed to undergo four months R.I. and to pay a fine of Rs. 4,000/ -. Out of the fine of Rs. 4,000/ -, Rs. 3,000/ - was directed to be paid to the guardian of the deceased boy.

(2.) ACCORDINGLY to the protestation case, the petitioner' was driving a motorcycle returning from a local fair. On the road, two other persons were also sitting on the motor cycle. The petitioner is said to have driving the motor cycle so rashly and negligently that the motor cycle has skided outside the road and caused injuries to a boy sitting on the road on the pavements. The boy died on way to hospital. The trial Court had believed the prosecution case and had sentenced the petitioner u/S. 304 -A IPC and imposed the sentence of six months R.I. and a fine of Rs. 2,000/ -. In appeal, the fine was enhanced to Rs. 4,000/ - and the sentence was redued to four months R.I. Out of the fine Rs. 3,000/ - was directed to be paid to the guardian of the deceased boy. In this revision, the learned counsel for the petitioner/accused pressed this revision only on the point of sentence. He argued that it was a case of neglience on the part of the petitioner. The petitioner himself was a boy of 18 years at that time. The occurrence had taken place in the year 1979. According to the learned counsel for the petitioner, it will not serve any purpose for sending the petitioner in jail at this stage. Learned Deputy Government Advocate appearing for the State suggested that a fine of Rs. 1,000/ - be enhanced and the imprisonment already undergone may be taken to be sufficient. This suggestion is accepted by the learned counsel for the petitioner that instead of sending the petitioner to jail, further fine of Rs. 1,000/ - may be imposed.