SHEO PARSAN SINGH S/O MEGHA SINGH RESIDENT OF VILLAGE KONAR, P.S. SHEOSAGAR, DISTRICT ROHTAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was put on trial on the charge of commission of offence under Sections 279 and 304A of the Indian Penal Code, in Trial No. 288 of 2002, before the learned Sub Divisional Judicial Magistrate, Sasaram, which arose out of G. R. No. 1981 of 1996. The learned Trial Court held him guilty of the said offence for rash and negligent driving of a bus, leading to death of a person. The learned Trial Court sentenced the petitioner to undergo rigorous imprisonment for a period of three months for the offence punishable under Sec. 279 of the Indian Penal Code and for one year of rigorous imprisonment for the offence punishable under Sec. 304A of the Indian Penal Code.

(2.) The petitioner's appeal, bearing Criminal Appeal No. 31 of 2002, preferred by the petitioner against the said judgment and order of the learned Trial Court, dated 18.02.2002, came to be disposed of by the judgment and order, dated 23.05.2015, passed by the learned 5th Additional Sessions Judge, Rohtas, at Sasaram. The learned 5th Additional Sessions Judge, Rohtas, at Sasaram, while upholding the conviction of the petitioner under Sections 279 and 304A of the Indian Penal Code, thought it proper to modify the sentence of imprisonment to imposition of fine of Rs. 10,000.00 for the offence punishable under Sec. 279 of the Indian Penal Code and Rs. 50,000.00 for the offence punishable under Sec. 304A of the Indian Penal Code. The said judgment and order of the Appellate Court stipulates that in default of payment of fine, the petitioner shall have to undergo rigorous imprisonment for a period of 12 months. The amount of fine, in terms of the judgment and order of the Appellate Court, is to be paid to the next kin of the deceased.

(3.) I have heard learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.