MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried and convicted by the Sub Divisional Judicial Magistrate, Bahadurgarh and was sentenced to undergo RI for six months and to pay a fine of Rs. 500 under Section 279 IPC. In default of payment of fine to further undergo simple imprisonment for one month. He was further sentenced to under RI for two years and to pay a fine of Rs. 500/- under Section 304-A IPC; in default of payment of fine, to further undergo simple imprisonment for two months. Aggrieved by the judgment of conviction and sentence of the learned sub Divisional Judicial Magistrate, the petitioner filed an appeal before the Additional Sessions Judge, Jhajjar, who vide judgment dated 20.8.2002 dismissed the same. Still aggrieved, the petitioner has filed the present revision.

(2.) THE facts are not necessary to be referred to as the learned counsel for the petitioner has not challenged the conviction of the petitioner on merits. He submitted that a lenient view may be taken in the matter of sentence. He also submitted that the petitioner is a poor man and has a large family to support.

(3.) I have given my thoughtful consideration to the submission made by the learned counsel for the petitioner. A perusal of the record shows that the petitioner is not a previous convict and there is nothing on the record that before and after the registration of this case, the petitioner has indulged in any other criminal activity. The petitioner is a poor man and is the only bread winner of the family. So taking into consideration the facts and circumstances of the case, the substantive sentence of imprisonment of the petitioner is reduced from two years RI to fifteen months RI under Section 304-A IPC. However, the sentence of imprisonment under Section 279 IPC and the sentence of fine under both the counts is maintained.