RAM CHANDER Vs. STATE

JUDGEMENT

(1.) THE petitioner was convicted under section 279/304-A of the Indian Penal Code. While under Section 279 he was sentenced to pay a fine of Rs.500.00, under section 304 A he was ordered to undergo rigorous imprisonment of one year and to pay a fine of Rs.3000.00. Aggrieved by that order of the learned Metropolitan Magistrate he preferred an appeal which was dismissed by the learned Additional Sessions Judge. However, she reduced the sentence awarded under section 304A to six months though enhanced the amount of fine to Rs.5000.00 in default of which he was ordered to undergo two months rigorous imprisonment. As far as sentence under section 279 is concerned, it was confirmed. Feeling still unsatisfied the petitioner has filed this criminal revision.

(2.) I need not go into the details as the learned counsel for the petitioner has pressed the revision only on the point of sentence. He submits that the petitioner has already undergone sentence of six months but since he is a poor man the amount of fine may be reduced. Even otherwise the statement of Public Witness-3, Om Prakash, who was the eye witness does go to prove that the petitioner was rash and negligent and it was on that account that a life was lost. Any how coming to the point of sentence I do feel that the amount of fine, keeping in view the fact that the petitioner is a poor person with a family to support, is on the higher side. Consequently the order of the learned Additional Sessions Judge to that effect is modified and the amount of fine is reduced from the total of Rs.5500.00 to Rs.2000.00. The amount of fine so imposed shall be paid as compensation to the heirs of the deceased. The fine deposited in excess should be refunded. This disposes of the revision petition.