1 2026:CGHC:7868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1130 of 2016 Mohd. Rasid @ Ajja S/o Sukku Mohd., Aged About 38 Years, R/o Kargi Road Kota, Police Station Kota, District Bilaspur, Chhattisgarh, ... Applicant versus State of Chhattisgarh Through Police Station Pamgarh, District Janjgir- Champa, Chhattisgarh. ... Respondent For Applicant : Mr. Ashutosh Trivedi and Mr. Kanha Singh Thakur, Advocates For Respondent/State : Mr. Ram Narayan Sahu, Dy. G.A. Hon’ble Shri Justice Radhakishan Agrawal Order on Board 12/02/2026 1. The present revision is filed under Section 397/401 of Code of Criminal Procedure against the impugned judgment dated 11.11.2016 passed by the Sessions Judge, District Janjgir-Champa, (C.G.) in Criminal Appeal No.109/2016 whereby the learned Appellate Court has affirmed the order of conviction and sentence dated 08.08.2016 passed by the Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) in Criminal Case No.697/2007, convicting the applicant/accused under Section 304-A of Indian Penal Code, 1860 and sentencing him to undergo S.I. for six months and fine of Rs.500/-, in default of payment of fine, additional S.I. for 10 days. PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2026.02.13 11:46:24 +0530 2 2. Case of the prosecution, in brief, is that, on 16.06.2004 at about 01:50 PM, a child, namely Mohnish Singh, aged about 7 years was crossing the road, at that time, the driver (applicant herein) of a vehicle bearing registration number CG-10-ZB-1452 came from Chandipara driving rashly and negligently and hit Mohnish Singh, causing him serious injuries. Then he was taken to the hospital and during course of his treatment, he was declared dead by the doctor. As such, the case was registered against the applicant. During the course of investigation, statements of the witnesses were recorded under Section 161 Cr.P.C. 3. After completion of investigation, charge-sheet was filed before the Court of Chief Judicial Magistrate, Janjgir, District Janjgir-Champa (CG) against the applicant, who abjured the charge and pleaded non-guilty. 4. Learned Court of JMFC, after appreciation of oral and documentary evidence, convicted and sentenced the applicant as mentioned in paragraph 1 of this judgment. The said judgment was challenged by the applicant in Criminal appeal, however, the Appellate Court vide judgment dated 11.11.2016 dismissed the same. Hence, this revision. 5. Learned Counsel appearing for the applicant submits that he does not want to challenge the conviction of the applicant and confines his argument on the sentence part only, which, according to him, is on higher side. He further submits that the deceased boy was alighting the bus and was also negligent while crossing the road and in that event the alleged accident took place. He further submits that the applicant has remained in jail for 1 month and 3 days i.e. from 11.11.2016 to 14.12.2016, he is facing the lis since 2004 i.e. for more than 21 years, he has no criminal antecedents and the fine amount has already been 3 deposited before the concerned trial Court. He further submits that during the trial, the applicant was on bail and he has not misused the liberty granted to him. On these premises, he urged that the jail sentence awarded to the applicant may be reduced to the period already undergone by him. 6. On the contrary, learned State Counsel supports the impugned judgment passed by the learned JMFC and Appellate Court. 7. I have heard learned counsel appearing on behalf of the parties and perused the record. 8. Considering the facts and circumstances of the case, statements of Rajesh (PW-1), Sukhsagar (PW-2) and Jashwant Singh (PW-3) and further considering the other evidence available on record, this Court is of the opinion that the finding recorded by the learned Trial Court as well as the Appellate Court being based on the evidence available on record is correct finding. Thus, I hereby affirm the conviction of the applicant. 9. As regards the sentence part of the applicant, considering the facts and circumstances of the case and further considering the manner in which the alleged accident took place, the fact that applicant has remained in jail for 1 month and 3 days, he is facing the lis since 2004 i.e. for more than 21 years, he has no criminal antecedents, and that the fine amount has already been deposited, I am of the view that no fruitful purpose would be served to send the applicant back to jail again, and ends of justice would be met if, while upholding the conviction imposed upon applicant, the jail sentence awarded to him is reduced to the 4 period already undergone by him. 10. Consequently, the revision is partly allowed. The conviction of applicant under the aforementioned Section is affirmed and he is sentenced to the period already undergone by him. The fine sentence and default sentence is hereby affirmed. 11. Since the applicant is reported to be on bail, therefore, his bail bond shall remain in force for a period of six months from today in view of the provision contained under Section 481 of the BNSS, 2023. Sd/- (Radhakishan Agrawal) JUDGE Prakash