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2008 DIGILAW 864 (DEL)

SANDEEP KUMAR @ MOHAN SINGH @ SURENDER PAL SINGH v. STATE

2008-09-08

REKHA SHARMA

body2008
JUDGMENT Rekha Sharma, J. (Oral)-Vide order dated September 18, 2006 passed by Metropolitan Magistrate Mr. Pooran Chand, it was held that on July 29,1993, the petitioner drove Redline Bus No. DL 1PB 3747 so rashly and negligently that it endangered human life and as a result of his such driving, he hit Bajaj Sunny DL 4 S H 7851 resulting in the death of pillion rider Ellachi Devi. Consequently, he was convicted under Sections 279/ 304A, IPC. Subsequently, on September 21, 2006, he was sentenced to undergo rigorous imprisonment of three months and fine of Rs. 500/- for the offence under Section 279, IPC and rigorous imprisonment of one year with fine of Rs. 1000/- for the offence punishable under Section 304A, IPC. Both the sentences were to run concurrently. 2. The petitioner preferred an appeal against his conviction and sentence before an Additional Sessions Judge but with no success. His appeal was dismissed on April 10, 2008 and on the same day, he was taken into custody. Since then, he continues to be in custody. 3. The present revision petition though has been filed by the petitioner both against his conviction and sentence but now at the time of arguments, learned Counsel for the petitioner states that he is not assailing the order of conviction. He has restricted his challenge only to the order of sentence. 4. It is submitted by learned Counsel for the petitioner that the accident had taken place on July 29,1993. Since then, 15 years have gone by. 5. It is further submitted that the petitioner has not only undergone sentence of 5 months but has also faced the ordeal of protracted trial of 15 years. As per the Counsel, the petitioner has a widowed mother to take care of, a disabled wife besides two school going children. It is, therefore, prayed that the sentence of the petitioner be reduced to that already undergone by him. 6. Having regard to the above mitigating circumstances pointed out by learned Counsel for the petitioner but at the same time not losing sight of the fact that because of the rash and negligent act of the petitioner, a precious life was lost, I reduce the sentence of one year rigorous imprisonment under Section 304A of the Indian Penal Code to 7 months rigorous imprisonment and fine of Rs. 1,000/-. 1,000/-. The sentence under Section 279, IPC is reduced from three months to fine of Rs. 500/-. The petitioner shall be entitled to remission as per law. 7. The revision petition is allowed to the extent indicated above. Revision Petition allowed.