RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against the judgment and order passed by VIII Additional Sessions judge, Aligarh under Sections 279/337/427 I.P.C. sentencing the applicant to undergo R.I. for a period of three months under Sections 229 and 337 I.P.C. each and six months R.I. under Sec. 427 I.P.C. and imposing fine of Rs. 500.00 each for the offence under Sections 229/337 I.P.C. and Rs. 1000.00 for the offence under Sec. 427 I.P.C. It was also directed that, in case the amount of fine was recovered, Rs. 1000.00 be paid as compensation to Asharfi Lal, owner of the buffalo and Rs. 250.00 per injured children namely Pappu and Kallu to their parents/guardians.

(2.) I have heard the learned Counsel for the applicant and perused the judgment in question. The learned courts below have recorded the finding that the applicant was driving the vehicle rashly and negligently and after appreciating the evidence on record convicted and sentenced the applicant as aforementioned. The findings recorded by Courts below is on appreciation of evidence and am not willing to interfere with it.

(3.) I have heard the learned counsel for the applicant. I am of the opinion that the incident is of 1985 in month of October. About five years time has lapsed. The applicant has already faced the trial in the trial court and the appellate court. In the interest of justice, I consider that instead of sentencing him to jail, some fine is imposed in place of sentence of imprisonment, that would serve the purpose of the present case. The learned counsel for the applicant has consented that he will not treat the conversion of sentence of imprisonment to fine as enhancement of punishment.