RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. This revision has arisen from an incident of 12. 1. 83.

(2.) PROSECUTION story against the revisionist is that on the day of incident he was driving U. P. Roadways Bus No. UTI 8175 rashly and negligently. He dashed against a motor-cycle from the front and thereby caused death of both the occupants of the motor cycle. The two lower courts convicted the revisionist with offences under Section 279, 304-A and 427 I. P. C. The sentences awarded to the revisionist are fine of Rs. 1000. 00 under Section 279 I. P. C. , rigorous imprisonment for 9 months and fine of Rs 2000. 00 under Section 304-A I. P. C. and fine of Rs. 2000. 00 under Section 427 I. P. C. Revision was admitted on the point of sentence only.

(3.) IN result this revision is partly allowed. Conviction and sentence of the revisionist for offences under Sections 279 and 427 I. P. C. are set aside. His sentence under Sec. 304-A, I. P. C. is modified. His jail sentence is reduced to the period already undergone. He is sentenced to fine of Rs. 2500. 00 out of the fine realised a sum of Rs. 1000. 00 each shall be paid to the dependents of each of the deceased. It is made clear that the offence with which the revisionist has been convicted and senteaced is of rash and negligent driving which may not be treated as an act of moral turpitude. The departmental authorities in inflicting punishment upon the revisionist may consider the past history of the revisionist and the offence committed by him in the instant case.