SUKNANDAN Vs. STATE

JUDGEMENT

(1.) BY this revision, the petitioner has challenged legality and propriety of the judgment dated 15.2.2011 passed by the Additional Sessions Judge (F.T.C.), Balod in Criminal Appeal No. 80/09, affirming the conviction and modifying the sentence dated 7.9.2009 passed by the Judicial Magistrate First Class, Dondilohara in Criminal Case No.48/09, whereby learned Judicial Magistrate First Class after holding the applicant guilty for the offence punishable under Sections 279 and 338 of the I.P.C. sentenced him to undergo R.I. for three months and fine of Rs.200, in default of payment of fine to further undergo R.I. for one month and R.I. for six months and fine of Rs.200, in default of payment of fine to further undergo R.I. for one month. While maintaining conviction the appellate Court has modified the sentence and has sentenced the applicant fine of Rs.1,000, in default of payment of fine to undergo R.I. for one month and R.I. for three months and fine of Rs.800/-, in default of payment of fine to undergo R.I. for one month.

(2.) AS per case of prosecution, on 27.2.2004 Ku. Sunita aged about 14 years was going to her school along with other girls, present applicant was driving matador bearing registration number C.G.4 ZB 2827 rashly and negligently and has caused injury to Sunita resulting into amputation of her right leg. Report was lodged. Matter was investigated. Finally charge sheet was filed. After affording an opportunity of hearing to the parties, learned Judicial Magistrate First Class, Dondilohara convicted and sentenced the applicant as aforementioned. Same was challenged before the appellate Court and vide judgment impugned the appellate Court has maintained the conviction and modified the sentence as aforementioned.

(3.) ON the other hand, learned State counsel opposes the revision and submits that the applicant has caused fatal injury i.e., amputation of right leg of 14 years aged Ku. Sunita by his rash and negligent act, therefore, the applicant does not deserve any sympathy.