NASRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed challenging the conviction and sentences passed by the Additional Sessions Judge No. 1 Alwar, u/s 304-A, I. P. C.

(2.) THIS revision petition came up for admission. Learned Single Judge (Mrs. Kapur J.) was of the opinion that it does not call for any interference in revision with regard to the merits of the case but she admitted the revision petition on the ground of sentence in view of a decision of this court in Amar Lal V. State of Raj. (1 ). When this revision petition came up for final disposal before Hon'ble V. S. Dave J. after hearing the arguments at length, he passed detailed order dated 27. 7. 87 referring the following question for consideration by the larger bench - "whether the decision in the aforesaid case lays down a general preposition that in all automobile accident cases there should not be a lesser punishment than one year's imprisonment and a fine of Rs. 15,000/-"? Therefore, this matter has come up before us. Since this is a very important question, we thought it proper to issue notice to the learned counsel, inviting them if they wanted to submit arguments on the above question.

(3.) RELIANCE was also placed on Jagdish Chander Vs. State of Delhi (4) in which the incident had taken place in the year 1965. Accused was convicted, u/s 304-A IPC and sentenced to six months R. I. and a fine of Rs. 500/- which was confirmed on appeal, by the Sessions Judge and revision was rejected by the High Court. On special leave petition having been filed, the Supreme Court confirmed the conviction but sentenced the accused to the term of imprisonment already undergone and increased the fine from Rs. 500/- to Rs. 700/-, for the reason that the accident had taken place eight years ago, and that for collision between the truck and the auto-scooter rickshaw, both were to be blamed.