ISMAIL Vs. POLICE SUB INSPECTOR

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the Appellant. Initially the Appellant was charged under Sections 279, 337, 338, 304-A Indian Penal Code and 187 of Motor Vehicles Act. After trial he was convicted and sentenced to undergo simple imprisonment for one year under Section 304-A Indian Penal Code and a fine of Rs. 200/- under Section 187 of the Motor Vehicles Act. The same was confirmed by the appellate Court as also by the High Court. Though notice was duly served on the Respondent State, they have not chosen to contest the appeal by engaging a counsel.

(2.) We have perused the relevant record and heard arguments of the learned counsel for Appellant. Apart from the material considered by the Courts below, learned counsel for the Appellant has brought to our notice that the Appellant is aged about more than 74 years as on date and by placing a medical certificate dated 26.2.2010 it is stated that he is not in a position to do any activity. We have also perused the medical certificate which is available in the form of Annexure P-6. In addition to the same, it is also brought to our notice that he had suffered 15 days of sentence. Taking all these aspects into consideration particularly his health condition and age, we feel that the ends of justice would be met by reducing the sentence to the period which he had already undergone. To this extent, we modify the impugned order of the High Court.