RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal revision and has been directed against the judgment dated 21.12.1995 passed by the Court of Addl. Sessions Judge, Hissar who affirmed the judgment and order dated 1.2.1994 passed by the Court of Judicial Magistrate 1st Class, Hissar who convicted the petitioner under Sec. 279 read with Sec. 304-A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 1 year and six months and to pay a fine of Rs.500.00. In default of payment of fine the petitioner was directed to further undergo rigorous imprisonment for three months.

(2.) In need not to incorporate all the facts of the ease in this judgment but suffice to mention that the First contention raised by the learned counsel for the petitioner did not find favour with the court when it was argued that the in identification of the accused in this ease remained a doubtful affair. Rakesh Kumar PW 12 deposed that on the relevant date, the truck was in the custody of the petitioner, who was the driver. There is no enmity between the driver and the owner and in these circumstances the implicit reliance has to be placed on the testimony of Rakesh Kumar which remained unchallenged.

(3.) It was then submitted by the learned counsel for the petitioner in the alternative that if his main contention does not find favour with the Court, his client may be visited with leniency in the matter of sentence as lie has already undergone about six months and that the petitioner is 35 years old and is not a previous convict. In the opinion of this court the ends of justice would suffice if the sentences awarded to the petitioner are converted to one already undergone by him, keeping in view his antecedents. Orders accordingly. In all other respects, this revision stands dismissed. Intimation be sent to Jail Authorities and C.J.M. concerned forthwith for compliance of the orders.