ABDUL HAMEED Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been admitted, only on the point of sentence. I have heard arguments for disposing of this petition finally on this point.

(2.) Vide Judgment dated January 25, 1986, Metropolitan Magistrate, Shahdara convicted the petitioner for offences punishable under Sections 279, 338 and 304-A of Indian Penal Code and vide order dated January 27, 1986 he has sentenced the petitioner to undergo rigorous imprisonment for two years under Section 304A, Indian Penal Code and six months rigorous imprisonment under Section 338 I.PC. and two months rigorous imprisonment under Section 279 Indian Penal Code with the direction that all sentences shall run concurrently.

(3.) In appeal, the learned Additional Sessions Judge had, while maintaining the conviction of the petitioner fur the said offence reduced the sentence to one year rigorous imprisonment under Section 304-A, I,P.C. while maintaining the sentences under the other Sections. There was no need to impose any separate sentence for minor sentence under Section 279 because the offences under Sections 304-A and 338, Indian Penal Code are similar offences in aggravated forms and thus I set aside the sentence imposed under Section 279 Indian Penal Code .