Mohan Nana Chavan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR CRIMINAL REVISION APPLICATION NO.459 OF 2003 SATISH RAMCHANDRA SANGAR Date: 2024.07.26 17:06:50 +0530 Mohan Nana Chavan Age : 35 Years, Occupation : Driver, R/o. : Atpadi, District : Sangli.

...Applicant

Versus

The State of Maharashtra

...Respondent

***** Mr.Sudatta Patil a/w Mr.Prashant Bandgar and Mr.Prajoy Kutkar:- Advocates for Applicant.

Mr.H.J.Dedhia:- APP for Respondent-State.

***** CORAM :

S. M. MODAK, J.

DATE :

22nd JULY 2024 P. C. :- 1.

Heard learned Advocate for the Applicant. He produced following documents:- (a) Copy of Award dated 30th July 2005 drawn by the Member - MACT - Sangli wherein, compensation of Rs.1,54,500/- (Rupees One Lakh Fifty Four Thousand Five Hundred Only) is awarded. The present Applicant is the Respondent No.1 and the Claim Petition was filed by Bhaskar Madhav Mote as a legal representative of the deceased Babalu @ 1/3

Santosh Mote.

(b) A copy of extract from the Register of deposit of payment issued by the District Court - Sangli.

2.

The Applicant is convicted for the offences under Sections 279, 304-A of Indian Penal Code, 1860 ("IPC"). Both these Sections prescribe punishment of imprisonment or fine, with both. As per order passed on 20th June 2024, I have concluded that there is no merit in the revision and revision is kept for hearing the parties on the point of sentence. Considering the age of the Applicant, I am not inclined to send him to jail. But, wants to direct him to pay compensation of Rs.1,00,000/- (Rupees One Lakh Only) to be paid to the representative of the deceased. Hence, following order:-

O R D E R

(i) The Revision Application is partly allowed.

(ii) The order of conviction dated 13th January 2000 passed by the Court of JMFC - Atpadi in Summary Criminal Case No.240 of 1997 for the offences under Sections 279 and 304-A of IPC and confirmed by the Court of Additional Sessions Judge - Sangli vide order dated 17th September 2003 in Criminal Appeal No.3 of 2000 for the offence punishable under Section 304-A of IPC is confirmed with following modification:- 2/3

(a) The Applicant is sentenced to the period already undergone and with a compensation of Rs.1,00,000/- (Rupees One Lakh Only) to be paid within eight (8) weeks from today. (b) Once the amount is deposited before the Court of JMFC - Atpadi, it be paid to the legal representative of the deceased Babalu @ Santosh Mote.

(c) The trial Court to ascertain who are the legal representatives and after producing the necessary documents, disburse that amount to them.

3.

In view of the above, Revision Application stands disposed of. [S. M. MODAK, J.] 3/3