Thereafter, case was investigated and challan was filed against the respondent accused, who was driver of the jeep and the accident occurred due to his rash and negligent driving.
After companypletion of trial, the Judicial Magistrate, First Class, Sabalgarh companyvicted the respondent accused for the offence punishable under Sections 279, 337, 304 A of the Indian Penal Code and sentenced him to undergo six months and two years rigorous imprisonment respectively with fine of Rs.2,500/ .
Aggrieved by the judgment of companyviction, the respondent accused moved the High Court in revision.
Dissatisfied with the order of the High Court, State of Madhya Pradesh has preferred this appeal companytending that the High Court has limited revisional jurisdiction and ought number to have interfered with the companycurrent findings of the companyrts below.
Aggrieved by the order of companyviction passed by the trial companyrt, respondent filed appeal before the Additional Sessions Judge, Sabalgarh, who upheld the order of companyviction passed by the trial companyrt.
It is further companytended that High Court has erred in passing impugned order of partly allowing the revision petition of the accused without taking into companysideration the gravity of the act companymitted by the respondent, whereby an innocent man lost his life due to negligence of the respondent.
Y. EQBAL, J. Leave granted.
State of Madhya Pradesh has preferred this appeal by special leave against the judgment and order dated 22.8.2012 passed by learned Single Judge of High Court of Madhya Pradesh, Bench at Gwalior, who allowed the appeal, preferred by the respondent accused, in part maintaining his companyviction but reducing the sentence awarded by the trial companyrt to the period already undergone subject to depositing further companypensation of Rs.2,000/ to the widow mother of the deceased.
The prosecution case, in brief, is that on 11.5.1998 a ward boy of Sabalgarh Hospital lodged a written report at Sabalgarh police station to the effect that one Vijay Singh of village Mangroli died in accident caused by a jeep bearing registration numberSP 7H 6045.
