ISMILE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision has been riled by petitioner Ismile, against the order dated 25.3.92 passed by Second Additional Sessions Judge, Chaltarpur, in Criminal Appeal No. 122/89 affirming the order of conviction passed by Judicial Magistrate, First Class, Chattarpur, convicting the petitioner under section 279 and 304 -A I.P.C. and sentencing him to 3 months R.I. and 1 year R.I. respectively in Criminal Case No. 215/84, through judgment dated 11.12.1989.

(2.) THE Courts below have convicted the petitioner on the evidence of PW -l Mukundilal and PW -K Dr. J.P. Tiwari. PW -l Mukundilal has stated in Para 10f his statement that on the date of accident the petitioner was driving truck No UTE -3725 and he drove the same rashly, crushing his son Surendra Kumar, a child aged 2 years.

(3.) SHRI Kochar, relying upon the decision of Apex Court in the case of Praklish Chandra Agnihotri v. State of M.P. reported in 1991 Supreme Court Cases (Criminal) 146 submitted that the present incident took place in the year 1984 the petitioner has already remained in jail for about a week; he has a family to support and as such he should not be sent back to jail to serve out the remaining part of his sentence. Shri D.D. Bhargava, Panel Lawyer for the State, submitted that in view of the facts of the case the sentence imposed by the Courts below cannot be said to be excessive.