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2002 DIGILAW 331 (PAT)

Arvind Singh @ Arvind Kumar Singh v. State Of Bihar

2002-03-08

SHIVA KIRTI SINGH

body2002
Judgment 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is the driver of a truck who has been convicted for rash driving under sections 279 and 338 of the Indian Penal Code by both the courts below. After going through the judgments of the courts below, this Court finds no good gound to interfere with the conviction. 3. On the question of sentence, it has been submitted that the appellate court has already modified sentence under section 279 I.P.C. to a fine of Rs. 250/- only and under section 338 I.P.C. sentence of six months has been reduced to three months simple imprisonment. The petitioner after surrender has spent more than a month in custody. 4. Having heard both the parties on the question of sentence, this Court is of the opinion that the fine of Rs. 250/- under section 279 I.P.C. is not sufficient and it should have been directed to be deposited for payment to the injured boy or his mother P.W. 4. Further, imprisonment of the petitioner beyond the period which he has already undergone will not serve much purpose and interest of justice requires that the petitioner should pay a fine of Rs. 750/- in lieu of remaining sentence under section 338 I.P.C. Accordingly, the sentence under section 338 I.P.C. is modified to the period already undergone if the petitioner deposits a fine of Rs. 250/- under section 279 I.RC. and a fine of Rs. 750/- under section 338 I.P.C in the trial court. As soon as such fine is deposited, it should be paid to the victim boy or his mother P.W, 4 as observed above. Such fine must be deposited within six weeks from today. As a result, the petitioner should be released forthwith if he is not required in any other case. 5. With the aforesaid modification in sentence, this revision application is dismissed.