BANSHILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is on the question of sentence against the judgment dated 11.1.1979. passed by the learned Additional Sessions Judge No. 1, Jodhpur by which the conviction and sentence of one years rigorous imprisonment and a fine of Rs. 200.00, in default of payment of which further rigorous imprisonment for 15 days under section 304-A I. P. C awarded by the Munsif & Judicial Magistrate, Jodhpur District, Jodhpur, has been maintained.

(2.) The only point argued before me was with respect to the quantum of the sentence. It was argued that accused-petitioner has a large family to support and he is the only source of support of the family. The incident occurred in the year 1970 and, therefore, now after a lapse of almost nine years it would be unjust and inequitable to send the accused back to jail to serve out the remaining portion of the sentence of one year's rigorous imprisonment. The argument was substantiated by the following authorities:-

(3.) Jagdish Chander Vs. State of Delhi (A. I. R. 1973 Supreme Court 2127) :