MOHMADBHAI AHMEDBHAI MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Revision Application the Petitioner- accused has challenged the judgment and order of conviction passed by the learned J.M.F.C., Jambusaron 17-3-82 in Criminal Case No. 1232/82 convicting the petitioner for the offence u/S. 304-A I.P.C. and sentencing him to suffer R.I. for 6 months and to pay a fine of Rs.500/- in default to undergo 30 days S.I. which was challenged by the petitioner in Criminal Appeal No. 20/83 before the learned Sessions Judge, Broach which came to be dismissed by him by judgment and order dated 22-5-84. However, the learned Session Judge reduced the sentence from 6 months R.I. to 4 months R.I. by maintaining the order of fine imposed by the learned J.M.F.C.

(2.) The petitioner has submitted in writing that he does not press for the order of conviction and he has also produced an affidavit of the petitioner praying for mercy and also affidavit of Yusufbhai Ahmed Bhatia who is identified by the learned advocate for the petitioner as father of deceased boy, which are ordered to be kept on record.

(3.) The learned advocate for the petitioner conceded the order of conviction recorded by the courts below. However, he has urged that the unfortunate accident took place on 16-3-82, i.e. nearly before a period of 9 years and at that time the age of the petitioner was 56 years and he was about to reach the age of suprannuation in his service on 5-3-83 and by now he has already retired from service. He has also stated that during his long period of service, he has not caused any accident except the present one in which life of a boy of the age of 16 years has been lost. He has further submitted that at present because of the weak eye-sight, the petitioner is unable to drive any vehicle and has not got his licence renewed which expired on 17-12-88 and therefore, there is no question of repeating this type of offences. At present the age of the petitoner is 65 years and he has to look after his wife who is aged about 60 years and blind and suffering from many other diseases and he maintains himself and his wife by doing some casual labour work. And because of this hanging sword on his head since last 9 years, he has suffered with his health also. He is also pardoned by Yusufbhai Ahmed Bhatiya, the father of deceased boy Hanif Yusuf who is presently serving in Gujarat State Road Transport Corporation as a conductor. The learned advocate for the petitioner also submitted that except his son Sabbir, there is no one else in his family and his son is at present residing at Surat separately with his family and he is not keeeping any relations with him. Therefore, no useful purpose will be served if the order of sentence of 4 months R. I. is confirmed and the petitioner is asked to suffer R. I. for 4 months. And in the facts and circumstances of this case, the ends of justice would be met with if the order of payment of fine is maintained and the order of substantive sentence is set aside. He has also placed reliance upon the judgment of the Supreme Court in the case of Jagdish Chander v. State of Delhi reported in A.I.R. 1973 S.C. 2127 in support of his contention.