PURUSHOTTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Revision Petition aggrieved by judgment and order dated 11.07.2017 passed by Chief Judicial Magistrate, Karauli (Ra.), whereby petitioner has been convicted for offence under Section 279, 337, 338, 304-A of I.P.C. and Section 183 and 184 of the M.V. Act and has been sentenced to undergo simple imprisonment of six months and a fine of Rs.500/- for offence under Section 279 I.P.C., on non payment of fine, to further undergo two months imprisonment and for offence under Section 337 I.P.C., petitioner has been sentenced to six months simple imprisonment and a fine of Rs.500/-, on non payment of fine to further undergo one month imprisonment and for offence under Section 338 I.P.C., petitioner has been sentenced to two years simple imprisonment and a fine of Rs.1,000/-, on non payment of fine to further undergo two months additional imprisonment and for offence under Section 304-A of I.P.C., petitioner has been sentenced to two years simple imprisonment and a fine of Rs.1,000/-, on non payment of fine to further undergo six months additional imprisonment and for offence under Section 183 of M.V. Act, petitioner was directed to deposit the fine of Rs.400/-, on non payment of fine, to further undergo one month's additional imprisonment and for offence under Section 184 of M.V. Act, petitioner was directed to deposit the fine of Rs.1,000/-, on non payment of fine to further undergo one month's additional imprisonment for the offences separately and against the judgment and order dated 13.07.2018 passed by Sessions Judge, Karauli (Raj.), whereby appeal preferred by the petitioner was rejected.

(2.) Counsel for the petitioner does not want to press the present Criminal Revision Petition on merits. Her contention is that the petitioner has faced the agony of trial for a period of more than seven years and the matter is of the year 2011. Petitioner has remained in custody for a period of about six months. The accident did not take place because of rash and negligent act of the petitioner. Petitioner was driving the tractor with the trolly and a motor-cycle was parked on the side of the road. At 2:30 am when the tractor was on the slope, in order to protect the motorcycle, petitioner turned the tractor and the trolly got overturned, as a result of which three persons died.

(3.) It is also prayed by the counsel for the petitioner that the sentence be reduced to the period already undergone by the petitioner.