SATWINDER SINGH Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) - The petitioner was tried by the learned Judicial Magistrate First Class. Chandigarh for an offence under Sections 279 and 304-A, IPC read with Section 3/ 181 of the Motor Vehicles Act for having caused the death of Pardeep Kumar on 19-4-1996 by his rash and negligent act i.e. by driving rashly and negligently DCM Toyota bearing Registration No.PAT-9779 in the area of village Buterla.

(2.) On appraisal of the evidence, the petitioner was convicted and sentenced by the learned Magistrate vide his judgment and order dated 10-3-1998 to undergo R.I. for six months under Section 279, IPC. He was further sentenced to undergo R.I. for two years and to pay a fine of Rupees 500/- under Section 304-A, IPC. In default of payment of fine the petitioner was ordered to undergo R.I. for one month. A fine of Rs. 200/- was also imposed upon the petitioner under Section 181 of the Motor Vehicles Act and in default of payment of fine he was to undergo imprisonment for seven days. All these sentences were ordered to run concurrently.

(3.) The appear preferred by the petitioner against his conviction and sentence recorded by the learned Magistrate was dismissed. However, the substantive sentenced awarded to the petitioner was reduced from two years R.I. to 8 months R.I. under Section 304-A IPC and from 6 months RI to 3 months RI under Section 279, IPC. The sentence of fine as imposed by the learned Trial Court was maintained. With this modification in the matter of sentence the appeal was dismissed.