IBRAHIM Vs. STATE

JUDGEMENT

(1.) THIS revision was admitted on the question of sentence. The applicant was convicted under Sections 279 and 304-A, I. P. C. and sentenced to undergo R. I. for one year under Section 304-A, I. P. C. The prosecution case which has been believed is that while the applicant was driving a truck a three year old child was struck down and succumbed to the injuries. The applicant has served out a part of the sentence. Having regard to the offence committed by the applicant the sentence awarded cannot be said to be excessive and cannot therefore be reduced.

(2.) LEARNED counsel has pressed that the applicant be given the benefit of Section 360 (3) of the Code of Criminal Procedure 1973; in the alternative he has urged that the benefit of Section 360 (1) be given. For Section 360 (3) of Cr. P. C. the offence must be of trivial nature. The offence is an aggravated form of the offence under Section 279, I. P. C. and though punishable with the maximum sentence of two years, cannot be said to be an offence of a trivial nature. Clause (3) of Section 360 Cr. P. C. cannot, therefore, apply.

(3.) AN affidavit was filed by the father-in-law of the applicant to show the antecedents and the character of the applicant. Today the applicant has himself appeared in the Court and furnished full details about himself. He has, according to the reply given to the questionnaire issued to him, stated that he had been working as a cleaner and driver. His father is dead and his mother is living with him. He has a younger brother who is working as labourer. He has a sister who is widow and is dependant on him, he has a son aged about 5 years. The applicant had been living with his family. He has thus a fixed abode and family responsibilities to meet. He has further stated that he does not take liquor.