SUNDER LAL Vs. STATE OF U P

JUDGEMENT

(1.) T. P. Garg, J. Sunder Lal, son of Kali Charan Jatav, has filed the present revision against the order, dated 29-5-1984 passed by VIII Additional Sessions Judge, Agra in Criminal Appeal No. 62 of 1984, whereby the appeal riled by him was dismissed and conviction of the petitioner under Sections 279/304-A, IPC and sentencing him to pay a fine of Rs. 1000/- or in default of payment of fine to undergo R. I. for one year was passed by 1st Addl. Chief Judicial Magistrate, Agra.

(2.) THE brief facts giving rise to the present revision are that on 7-2-81, Chokey Lal P. W. lodged an FIR at P. S. Hari Parvat, Agra to the effect that his son, Raju, was going on a scooter from the shop and when he was a little ahead of St. John Chowk, Bus No. UTR 6515 came from behind and without giving any horn, hit against his son, Raju, and on account of which, Raju received grievous injuries and died on the spot. THE occurrence is said to have been witnessed by Kali Charan, Mohammad Ali and others, P. Ws. who got hold of the driver of the bus and took him to the Police Sta tion, where the report was lodged. THE case was investigated and Sunder Lal, driver of the bus, accused, was tried for offence under Sections 279/304 IPC.

(3.) AS regards sentence suffice will it be to say that already the courts below have taken a very lenient view in this regard by imposing a fine of R. s 1,000 only on the accused. There being no scope for any reduction in the amount of fine imposed by way of sentence, the same is maintained. In view of the foregoing, this revision fails and is dismissed.