KESHAVLAL HARIBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS revision is filed by the present applicant against the judgment and order dated 13.5.1996 passed in Criminal Case No.689 of 1992 by the learned Judicial Magistrate, First Class, Rajkot, whereby the learned Judge has convicted the present applicant for the offences punishable under Sections 279 and 304(A) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs.500/-, in default, to undergo rigorous imprisonment for further one month for the offence punishable under Section 279 of Indian Penal Code and to undergo rigorous imprisonment for six months and to pay fine of Rs.500/-, in default, to undergo rigorous imprisonment for further one month for the offence punishable under Section 304(A)of Indian Penal Code. Both the sentences were ordered to run concurrently. The said judgment was challenged in appeal by way of filing Criminal Appeal No.15 of 1996 which came to be dismissed by the learned Sessions Judge, Rajkot District, Rajkot vide judgment and order dated 17.2.2003. Hence this revision.

(2.) HEARD learned advocate Mr.Samir Khan for the applicant and learned APP Mr.Pujari for the State.

(3.) IN view of the above, this revision is partly allowed. The judgment and order passed in Criminal Appeal No.15 of 1996 by the learned Sessions Judge, Rajkot District, Rajkot vide judgment and order dated 17.2.2003 is hereby quashed and set aside. The judgmentand order dated 13.5.1996 passed in Criminal Case No.689 of 1992 by the learned Judicial Magistrate, First Class, Rajkotis hereby modified and the sentence awarded for the offence punishable under Section 304-A is reduced to four months and the sentence awarded for the offence punishable under Section 279 is reduced to three months. The accused is on bail. His bail bonds stand cancelled. The accused is ordered to be taken in custody. Rest of the judgment and order including fine etc. would remain unaltered.