VISAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard learned Counsel for the revisionist and learned State Counsel and perused the materials on record.

(2.) Vide judgment and order dated 2.11.2004, passed by the Special Judicial Magistrate, Pithoragarh in Criminal Case No. 600/2003, revisionist Visan Singh was convicted for the offences under Section 279 & 304A IPC. For the offence under Section 279 IPC, he was sentenced to undergo three months' imprisonment and a fine of Rs. 500/-, while for the offence of Section 304A IPC, he was awarded six months' imprisonment and a fine of Rs. 1000/-.

(3.) Feeling disgruntled, accused convict filed Criminal Appeal No. 35/2004, which was dismissed on the point of conviction by the Sessions Judge, Pithoragarh vide judgment and order dated 17.9.2005. However, on the quantum of sentence is was allowed partly and sentence of imprisonment as well as the fine awarded for the offence under Section 279 IPC was done away with, while sentence awarded by the trial court for the offence of Section 304A IPC was affirmed. Hence, this revision has been filed.