VIKKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.D.Tripathi, learned counsel for the revisionist.

(2.) This criminal revision has come up against judgment dated 11.12.1990 passed by Ist Additional Chief Judicial Magistrate, Rampur, convicting revisionist under Section 304-A IPC and sentencing him to undergo three months Rigorous Imprisonment and fine of Rs.5,000/-, and, on non payment of fine, revisionist is also required to undergo Simple Imprisonment of two months. Thereagainst, revisionist preferred Criminal Appeal No.75 of 1990, which has also been dismissed by Sessions Judge, Rampur vide judgment dated 08.02.1991. Both the Courts below have recorded concurrent findings that accused-revisionist was driving vehicle i.e. truck negligently causing death of Manjoo.

(3.) Learned counsel for the appellant could not point out any manifest illegality or error in the impugned judgments regarding concurrent findings against revisionist. He, however, submitted that this revision has come up after 23 years and, therefore, sentence of three months be reduced to the extent of punishment already undergone, and if the Court finds proper may impose fine for the period of unserved sentence of imprisonment.