AI Structured Summary
Not yet generated for this judgment
Judgment
K.S. Garewal, J.—Nachhatar Singh was convicted by leaned Sub Divisional Judicial Magistrate, Samana on November 8,2001 u/s 304-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 2 years, and to pay a fine of Rs.2000/-, in default thereof to undergo further rigorous imprisonment for 3 months. Nachhatar Singh filed an appeal which was heard by learned Additional Sessions Judge, Patiala who vide judgment dated May 6, 2002 dismissed the appeal and committed the petitioner to custody to serve the unexpired portion of the sentence.
In revision, the learned counsel for the petitioner has not seriously contested the order of conviction but has only prayed for reduction of sentence.
In this case the mitigating circumstances in favour of the petitioner appeared to be that he was middle aged person who had large family to support. Furthermore, it has been stated that the heirs of the deceased have also been paid compensation by the Motor Accident Claims Tribunal. In these circumstances the heirs of the deceased may not be seriously interested in the petitioner''s undergoing the maximum sentence provided by law of 2 years to which he has been sentenced.
In view of the above mentioned reasons the sentence of the petitioner is hereby reduced from 2 years to 1 year u/s 304-A of the Indian Penal Code, the sentence of fine shall remain as awarded by the trial Court. However, the Driving Licence of the petitioner shall remain suspended for a period of 2 years from today. The trial Court shall inform the Licensing Authority and ensure that this direction is carried out.