ATUL AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Facts of the case, in brief, are that on 04.10.2007 when deceased Madhu Ben was returning home from the shop on foot, the Santro vehicle bearing Registration No. CG-06/2233 driven by the accused/applicant in a rash and negligent manner came there and hit her causing injuries on her body leading to her death four days thereafter during treatment to the hospital. On the basis of report Ex. P-4 lodged by Jagdish Pujara (PW-1) - son of the deceased, initially the offences under Sections 279 and 337, IPC were registered against the driver of the offending vehicle who later on was identified as the accused/applicant herein. However, while filling the charge sheet, the offence was mentioned as under Section 304-A, IPC as by then the deceased was dead.

(2.) The trial Court vide judgment dated 17.11.2008 held the accused/applicant guilty u/s. 304-A, IPC and sentenced him to undergo RI for two years with fine of Rs. 5,000/-, in default of payment of fine to undergo SI for six months. However, in appeal the conviction of the accused/applicant has been maintained but the sentence has been reduced to RI for one year with fine of Rs. 5,000/- and in default of payment of fine to undergo SI for two months, vide judgment impugned dated 24.12.2008.

(3.) At the very outset counsel for the applicant submits that he is not pressing the conviction of the applicant but his sole request would be for reduction of the sentence to the period already undergone keeping in mind the matter being quite old and that the applicant has already remained inside for 12 days. State counsel however, supports the judgment impugned in letter and spirit.