STATE OF H.P. Vs. KULBHUSHAN

JUDGEMENT

(1.) The learned Judicial Magistrate, 1st Class, Court No.1, Amb, District Una, H.P., convicted the accused/respondent herein (for short "the accused"), for, commission, of, offence(s) constituted, under, Sections 279, 337, 338, 304-A, of, the Indian Penal Code (for short IPC), whereas, it recorded an order of acquittal, vis-a-vis, the accused qua, an, offence constituted, under, Section 187 of Motor Vehicles Act. The learned trial Magistrate thereafter proceeded, to, sentence the accused, in, the hereinafter extracted manner:-

(2.) In an appeal carried therefrom, by the accused, before the learned Additional Sessions Judge, Una, District Una, H.P., the latter Court proceeded to set aside the verdict of conviction, and, consequent sentence(s), hence imposed, upon, the accused, vis-a-vis, the charges drawn against him under Sections 279,337,338, 304-A IPC, but, modified, the sentence, of, fine imposed, upon him, by the learned trial Court, under, Section 304-A IPC. The learned appellate Court proceeded to, qua therewith, impose upon the accused a fine of Rs.80,000/-, and directed that, upon, deposit of the afore fine amount, a, sum of Rs.50,000/- being disbursed to the parents of the girl child, besides a sum of Rs. 15,000/-, being disbursed to Smt. Anita Ahuja, and, Rs.5,000/- each being disbursed to Khazan Chand, Smt. Gian Kaur and Smt. Surjeet Kaur (injured), and, in default of payment of fine, the accused was directed, to, undergo rigorous imprisonment, for, a period of six months.

(3.) The State of Himachal Pradesh, through, the instant Criminal Appeal, without seeking reversal, of, the afore verdict, on merits, as, recorded by the learned appellate Court, hence has merely proceeded to challenge the imposition, of, the afore sentence of fine, upon, the accused. Consequently, it is not deemed imperative, to go, into the merits of the case.