MOHD. ISLAM Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the impugned judgment dated 19.11.2013 wherein while dismissing the appeal filed by the petitioner against the judgment dated 29.09.2011, the sentence had been modified. The learned Metropolitan Magistrate for the offence under Sections 279/304 -A of the IPC had sentenced the petitioner to undergo SI for a period of 9 months and to pay a fine of Rs.2,000/ - and in default of payment of fine, to undergo SI for 2 months. This was for the offence under Section 304 -A of the IPC. For the offence under Section 279 of the IPC, the petitioner was sentenced to undergo SI for 3 months; the Sessions Judge had modified the sentence and had reduced the SI for 9 months to SI for a period of 3 months for the offence under Section 304 - A of the IPC; the sentence under Section 279 of the IPC as also the imposition of fine has remained unaltered.

(2.) RELEVANT would it be to note that before the Sessions Judge it has been noted that while addressing arguments on the appeal, the counsel for the appellant had categorically stated that he did not wish to challenge the conviction on merits but had also prayed for modification of the sentence. Accordingly, the merits of the case had not been taken up before the Sessions Judge. Before this Court, learned counsel for the petitioner has sought to address arguments in detail on the merits of the case. It has been brought to his notice that he had given up his right before the Sessions Court and before this Court which is sitting in revisional jurisdiction, this matter cannot be taken on merits. He can only be heard on sentence.

(3.) THIS submission has been refuted by the learned public prosecutor who submits that admittedly one innocent life had been lost; the sentence of 3 months is more than lenient which has been imposed upon the petitioner calls for no interference.