In a criminal revision under Section 304-A IPC regarding a fatal road accident, the High Court of Chhattisgarh upheld the conviction but reduced the jail sentence to the period served. The fine was enhanced from Rs. 500 to Rs. 3,000.
Sentence reduced to time served; fine enhanced to Rs. 3,000 to be deposited within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 83 of 2004
Amarjeet Prasad Verma S/o Madan Lal Verma, aged about 41 years R/o Village Agharyapara P.S. Lailunga, District Raigarh, CG.
---- Applicant
Versus
State of Chhattisgarh through District Magistrate Raigarh, CG.
---- Respondent
For Applicant : Shri Sandeep Yadav, Advocate For State/Respondent : Shri Aman Kesharwani, PL
Hon'ble Smt. Justice Vimla Singh Kapoor
Order On Board
11/02/2019
On 13.09.2000 when Anand Ram Rathiya had gone to market at Gharghoda, the truck bearing Registration No. MP-26-D/0858 driven by the accused/applicant in a rash and negligent manner dashed him causing his death on the spot. On Dehati Nalsi (Ex.P-2) being made, an offence under Section 304-A IPC was registered against the accused/applicant. After completion of investigation challan was filed by the Police under the said section followed by further prosecution of the applicant resulting in his conviction as mentioned above.
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 9 days. State counsel however supports the judgment impugned in letter and spirit.
by the accused/applicant. However, in lieu thereof the fine of Rs.500/as imposed by the courts below is enhanced to Rs.3,000/- to be deposited by him in the trial Court within a period of three months from the date of receipt of copy of this order. This order will lose its efficacy if the accused/applicant fails to makes such deposit within the time mentioned above.
Sd/-
(Vimla Singh Kapoor) Judge
Jyotishi/ajay
3 issues framed by the court
Whether the accused applicant should be convicted for rash and negligent act causing death.
Whether the imposed jail sentence should be reduced to the period already undergone.
Whether the fine imposed in the impugned order needs enhancement.
2 provisions across 2 enactments
Amarjeet Prasad Verma
State of Chhattisgarh
Vimla Singh Kapoor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
