ISHWAR SINGH BORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal is preferred against the judgment and order dated 23.01.2020 passed by learned 2nd Additional District and Sessions Judge, Nainital, in Criminal Appeal No. 79 of 2017 whereby the learned 2nd Additional District and Sessions Judge, Nainital has dismissed the appeal and confirmed the judgment and order of the conviction dated 06.04.2017 passed by learned 1st Additional Civil Judge (JD)/Judicial Magistrate, Nainital in Criminal Case No. 2081 of 2015. By the said order dated 06.04.2017, the revisionist has been convicted for the offence punishable under Section 304A IPC and was sentenced to undergo one year rigorous imprisonment along with fine of Rs. 2,000/- and the revisionist has also been convicted for the offence punishable under Section 279 IPC and was sentenced to undergo three months rigorous imprisonment.

(2.) Learned counsel for the revisionist would submit that the revisionist is a poor person and is suffering from many ailments. It is also submitted that the revisionist is the only bread earner of his family. He further submits that the revisionist has served almost two months in jail and prays that the substantive sentence awarded to the revisionist may be reduced to the period already undergone by him.

(3.) After arguing at some length, learned counsel for the revisionist submits his arguments are only on the quantum of sentence and prayed that the quantum be modified to the sentence already undergone by the revisionist.