HARI DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Haridas has been convicted under Section 304A, IPC and sentenced to one year's rigorous imprisonment, and fine of Rs. 1000/ -, and further convicted under section 279, IPC and sentenced to two months' rigorous imprisonment and fine of Rs. 200/ -, by the learned Munsif and Judicial Magistrate, Sirohi, by his judgment dated 1 -6 -1982. His appeal before the learned Sessions Judge has been rejected on 25 -2 -1987. He has, therefore, come up in revision before this Court.

(2.) I have heard learned Counsel for the petitioner and the learned Public Prosecutor and have gone through the record.

(3.) THE revision is, therefore, partly allowed. The convictions of the petitioner under Sections 304A and 279, IPC are maintained. However, the substantive sentence under Section 304A is reduced to the already undergone by him, and in liew of the reduction, a further fine of Rs. 1000/ - is imposed upon him. The total fine under Section 304A, will thus, come to Rs. 2000/ -. In default of payment of fine, the petitioner shall undergo 4 months' RI. If the fine is recovered, the whole of the amount shall be paid to the heirs of the deceased.