RANBIR SINGH Vs. STATE

JUDGEMENT

(1.) By this petition the Petitioner challenges the order on sentence directing him to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs. 5,000/- under Section 304A Indian Penal Code and in default of payment of fine to undergo an additional Simple Imprisonment for one month and also the sentence to pay the fine of Rs. 5,000/- under Section 279 Indian Penal Code and in default of payment of fine to undergo Simple Imprisonment for one additional month in a case where the Petitioner had entered into plea bargaining.

(2.) Learned Counsel for the Petitioner contends that undoubtedly the learned Trial Court has power to direct the sentence for imprisonment of 1/4th of the sentence provided if an accused enters into plea bargaining however, while awarding the sentence of 1/4th of the sentence provided the learned Trial Court is bound to look into the mitigating circumstances. None of the mitigating circumstances were considered while awarding the maximum punishment. Petitioner is the only bread earner and has two minor children and old parents to support. Despite being poor the Petitioner gave an amount to the satisfaction of the Respondent Nos. 2 and 3. He has also placed on record the affidavit of the legal heirs of the deceased to state that the parties have entered into a settlement and no dispute remains between them.

(3.) Learned APP for the State on the other hand contends that the offences under Section 304A Indian Penal Code of killing by rash and negligent driving are on the rise and stern action has to be taken by the learned Trial Courts otherwise it will have no deterrent effect. Even Section 265E Cr. P.C. permits the Court to award a sentence to 1/4th of the punishment provided even on the mutually satisfactory deposition being arrived at between the parties. Moreover the judgment by the trial court is final and no appeal lies against it as prescribed under Section 265G of the Code.