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Judgment
Heard learned counsel Shri Rai for the applicant and learned Additional Public Prosecutor Shri Lokhande for the respondent
no. 1. None appears for the respondent no. 2.
Present revision is against the judgment of the Judicial Magistrate First Class, Deori in Summary Criminal Case No. 2047/2008 by which the
applicant came to be convicted for the offence punishable under Sections 304ÂA, 279 and 338 of the Indian Penal Code. The applicant is convicted
for the offence punishable under Section 304ÂA of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine
of Rs. 500/Â. No separate sentence was passed in respect of offences punishable under Sections 279 and 338 of the Indian Penal Code.
Learned counsel Shri Rai for the applicant has submitted that there is material omission in the evidence of P.W. 1 who has stated against the
applicant.
Learned Additional Public Prosecutor Shri Lokhande for the respondent no. 1 has submitted that both the judgments of trial Court and first appellate
Court are well reasoned. There is sufficient evidence against the applicant/accused. There is no reason to disbelieve the version of P.W. 1
Radheshyam Shahare, hence, revision is liable to be dismissed.
P.W. 1 stated that deceased was standing near pan shop at the time of incident. Accused/applicant drove his ST bus rashly and negligently and
dashed to the deceased. Accident took place due to rash and negligent driving of applicant/accused. Defence was taken that the deceased was
negligent while crossing the road but that defence was negated by the trial Court. The conviction awarded is perfectly legal and correct.
At this stage, learned counsel for the applicant submitted that the applicant is retired person aged about 70 years. He is bedridden. He is contesting
the criminal case from year 2006, therefore, lenient view be taken. Looking to the submissions and to meet the ends of justice, following order is
passed.
(i) Revision is partly allowed.
(ii) Conviction is maintained for the offence punishable under Section 304ÂA of the Indian Penal Code, however, sentence is modified as under :
(a) The applicant/accused is convicted for the offence punishable under Section 304ÂA of the Indian Penal Code and he is sentenced to pay fine of
Rs. 5,000/Â (Rupees Five Thousand Only). Out of fine amount, Rs. 4,000/ be paid to the legal heirs of deceased towards compensation.
(b) Fine amount be paid before the trial Court.
(c) If the applicant/accused fails to pay fine amount within a period of 15 days, then he shall undergo sentence as per the judgment of trial Court.
(iii) R & P be sent back to the trial Court.