AVANISH KUMAR @ RAJJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision directed against the judgment and order dated 30.10.1994 passed by Shri. D. Chandra, IIIrd Additional District and Sessions Judge, Kanpur Dehat in Criminal Appeal No. 44 of 1993 (Avinash Kumar Vs. State, ) whereby the appeal was dismissed and the judgment and order dated 4.11.1993 passed by Sri V.K. Srivastava, III A.C.J.M. Kanpur Dehat was confirmed and the appellant has been convicted and sentenced to six months' R.I. under Sec. 279 Indian Penal Code and to one year's R.I. with a fine of Rs. 7000.00 under Sec. 304-A of the Indian Penal Code in Criminal case no. 1864 of 1990.

(2.) I have heard the learned counsel for the revisionist as well as learned A.G.A. and perused the record.

(3.) Learned counsel for the revisionist has submitted that the sentence imposed by the Trial Court is excessive inasmuch as a huge amount of fine of Rs. 7000.00 has been imposed. The revisionist has been sent to Jail for six months' R.I. under Sec. 279 Indian Penal Code and for one year's R.I. under Sec. 304-A IPC. The Revisionist is a Driver of the Tractor and is an agriculturist, but he is in Jail for last more than one and a half month pursuant to the judgment of the conviction and sentence upheld by the lower appellate Court. His detention in Jail for a period of six months' R.I. under Sec. 279 Indian Penal Code and to one year's R.I. under Sec. 304-A Indian Penal Code is neither mandatory nor desirable in view of the amount of fine imposed on him. Under Sec. 279 Indian Penal Code the imprisonment can extend only up to six month's R.I. or a fine of Rs. 1000.00 can be imposed. Under Sec. 304-A Indian Penal Code the sentence of imprisonment upto two years is not mandatory and a fine in lieu of imprisonment can be imposed.