HATHI @ RAMJILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE trial Court has convicted and sentenced the accused -petitioner under Section 304A of the Indian Penal Code to undergo one year simple imprisonment and a fine of Rs. 500/ -; in default of payment of fine, to further undergo 15 days simple imprisonment. However, on an appeal, the appellate Court, while upholding the order of conviction passed by the trial Court, reduced the sentence from one year simple imprisonment to 4 months simple imprisonment with fine of Rs. 5000/ -; in default of payment of fine, to further undergo one month's simple imprisonment. Being aggrieved with the same, the present revision petition has been preferred by the accused -petitioner.

(3.) THE learned Counsel for the State supported the impugned judgment passed by the Courts below and contended that the appellate Court has already taken a lenient view by reducing the sentence of one year SI to 4 months SI, therefore, the same may not now be reduced as one person has lost his life due to negligent act of the accused -petitioner.