DHANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was tried for offences under Sections 279/337/304-A/429 IPC on the allegations that on 24.3.1987, he drove truck bearing registration No. HRR-4605 in a rash and negligent manner and hit a camel-cart as a result of which, the cart was completely damaged, a she-camel died and four occupants of the cart received injuries, out of whom two died. Vide judgment and order dated 18/19.5.1993, learned Judicial Magistrate 1st Class, Charkhi Dadri convicted the petitioner under Section 304-A IPC and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) Aggrieved of his conviction and sentence, the petitioner filed an appeal but the same was dismissed by learned Sessions Judge, Bhiwani on 8.10.1996 by maintaining his conviction and sentence. Still not satisfied, the petitioner filed the present revision in which he was ordered to be released on bail vide order dated 3.12.1996.

(3.) Learned Counsel for the petitioner has not assailed the conviction of the petitioner. However, it is submitted that the accident in question relates to the year 1987. Ever since then, the sword of criminal prosecution has remained hanging on the head of the petitioner. The petitioner is a poor person and the sole bread winner for his family. He is also not a previous convict. Therefore, the substantive sentence of the petitioner be reduced to that already undergone by him.