JUDGEMENT
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(1.) Leave granted.
(2.) Heard the learned counsel for both the parties. The
respondent was proceeded under Section 304A of the Indian Penal code
for having committed the death of one Bachhraj due to rash and
negligent driving. The Judicial Magistrate, First Class, Chachoda,
District Guna, awarded the sentence of one year rigorous imprisonment
and a fine of Rs.1000/- to the respondent by his order dated 19.2.2007
which was left undisturbed in appeal by the Sessions Court at District
Guna.
(3.) The respondent filed a criminal revision before the High
Court of Madhya Pradesh. The only point which was argued on behalf of
the respondent in the High Court was with respect to the sentence,
that the sentence be reduced to the period already undergone by the
respondent by then which was only 34 days. The High Court has accepted
the plea and reduced the sentence only on the ground that the trial
was pending since 1999. We are not impressed by this reasoning given
by the High Court. A life has been lost due to the rash and negligent
driving on the part of the respondent which could not have been
ignored.;
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