DURGA SINGH Vs. STATE

JUDGEMENT

(1.) The conviction of the accused petitioner for the offences under section 279 I.P.C. to one month R.I., under section 337 I.P.C. to one month, under section 338 Penal Code to three months R.I. and under section 304A I.P.C. to one year R.I. and a fine of Rs. 200.00 and in default of payment of fine to further undergo R.I. of two months, all the sentences were ordered to be run concurrently under the judgment dated 27-6-1977 passed by the Judicial Magistrate No. 4, Jodhpur which has been upheld by the Additional District & Sessions Judge, Jodhpur under his judgment dated 27-1-1981.

(2.) I have heard learned counsel for the accused petition Mr. M. K. Garg and Mr. V. S. Chaudhary learned P. P. and have also gone through the statements and the judgments of the two courts-below and have fully satisfied with the reasonings given by them. The conclusion arrived at on the basis of the evidence on record by the courts-below do not appear to be unreasonable. As due to the rash and negligent driving of the accused petitioner, the car driver died and others got injuries.

(3.) Learned counsel appearing on behalf of the accused petitioner did not challenge the conviction of the petitioner but submits that looking to the fact that the case is pending for a long period of about 16 years, the sentence awarded to the accused petitioner may be reduced.