SHYAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HAVING heard the learned counsel for the parties, the matter pertains to a Jeep Taxi accident in the remote hills of District Pithoragarh. The said Jeep, when plied by accused/ revisionist on the tardy roads, repleted with potholes, lost its balance and skidded off the road causing it fell down in a deep gorge. This resulted into death of three passengers including eight injured persons. After lodging the FIR, a chargesheet was submitted and learned trial court convicted the accused for the offence of 279 IPC and sentenced him to undergo three months' imprisonment with fine of Rs. 500/ -; u/s 337 IPC, he was sentenced to pay fine of Rs. 500/ -; u/s 338 IPC, he was directed to undergo three months' imprisonment with fine of Rs. 1,000/ - and for the offence of Section 304A IPC, he was directed to undergo one year's simple imprisonment with fine of Rs. 2,000/ -. In case of default of payment of fine, the accused was directed to undergo six months' additional imprisonment. The judgment passed by trial court was assailed by revisionist by preferring an appeal. Learned Sessions Judge dismissed the appeal but modified the quantum of sentence. Learned Judge was of the view that the offences u/s 337 and 338 IPC, in the present matter, merged with the offence of Sections 279 and 304A IPC. So, the appellate court directed the accused to pay fine of Rs. 500/ - for the offence of Section 279 IPC in addition to three months' simple imprisonment. Accused was further directed to undergo one year's S.I. along with fine of Rs. 2,000/ - for the offence of Section 304A IPC and in default of payment of fine, he was directed to undergo six months' additional imprisonment.

(2.) LEARNED senior counsel for the revisionist submitted that she does not want to press the instant revision on merits but simply it was urged to reduce the sentence and conversion of the same only in the form of fine. It has been argued that the accident had occurred in the remote hills of District Pithoragarh. As such, the accused, who was the driver of the ill -fated Jeep, was constrained to accept these passengers, although over in number, in his vehicle because in the remote hills, the traffic is very scant and if one ferry of transportation is missed by a traveller, then he is forced to wait for a long time to find any other mean. In these circumstances, the passengers/villagers boarded on the said Jeep beyond the permissible limit. So, the sympathy of this Court has been retreated. The circumstances, which caused the incident in the instant case, have been considered and this Court do agree with the contentions of learned senior counsel for the revisionist and, accordingly, modify the sentence as under: -