Applicant has preferred this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "The Code") against the judgment dated 31/10/2018 passed by Second Additional Sessions Judge, Sonkatch, District Dewas in Cri.Relevant facts, briefly stated are that on 28/08/2013 at about 7.00 to 8.00 pm, complainant-Reenabai along with her mother-in-law Munnibai and her daughter-Chanchu, aged about 2 years went to attend nature's call at Pipalrawa Road, at that time the applicant came there by driving a motorcycle rashly and negligently and hit complainant's mother-in-law, who fell down and became unconscious.Thereafter he also knocked the complainant's daughter whose leg got trapped in the leg guard of the motorcycle.When complainant went to rescue her daughter, then the applicant fled away from the spot by dragging complainant's daughter along with Cr.R. No.5672/2018 2 the motorcycle.Complainant narrated the incident to her husband and lodged a complaint at police station Pipalrawa.On the basis of which, police registered F.I.R bearing crime No. 159/2013 for offence punishable under Sections 279, 337 of IPC against the applicant.During investigation complainant's daughter was found lying dead in a field then offence under Section 304-A of IPC was also added.After completion of investigation charge-sheet was filed against the applicant for offence punishable under Sections 279, 337, 338, 304-A of IPC.R. No.5672/2018 2Trial Court, while passing the judgment, convicted the applicant for offence punishable under Sections 337 (2 counts) and 304-A of IPC and sentenced to undergo 3 months (2 counts) and 2 years R.I and fine of Rs.500/-(2 counts) and 1,000/- respectively, with usual default stipulation.Even her mother-in-law Munnibai (P.W.2) who accompanied the complainant and the deceased failed to identify the present applicant and other prosecution witnesses have not supported the prosecution story.Cr.R. No.5672/2018 3In view of the aforesaid and on the basis of the material available on the record, this Court is of the considered opinion that the Courts below have not committed any illegality in convicting the applicant for offence under Sections 337(2 counts) and 304-A of IPC.The applicant has not challenged the sentence awarded for offence punishable under Section 337(2 counts) of IPC, therefore, the aforesaid sentence is hereby affirmed.So far as the period of sentence for offence under Section 304-A of IPC is concerned, I am of the considered opinion that looking to the fact that the the applicant is the first offender and was facing the trial for more than 5 years therefore, the jail sentence awarded to the applicant is reduced to the period of 1 year R.I. under Section 304-A of IPC and the fine amount is enhanced to Cr.P.C With the aforesaid modification the criminal revision stands partly allowed and disposed of.R. No.5672/2018 4A copy of the judgment be sent to the trial Court along with record for information and compliance.Certified copy as per Rules.(S. K. AWASTHI) JUDGE sumathi Digitally signed by Sumati Jagadeesan Date: 2019.01.05 16:33:15 +05'30'

Cited provisions: Section 304A in The Indian Penal Code; Section 337 in The Indian Penal Code; Section 279 in The Indian Penal Code; Section 338 in The Indian Penal Code