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High Courts(1999) 07 AHC CK 0094

Nawaj Khan vs State of U.P.& Anr.

Allahabad High Court · Decided on 9 July 1999

HON’BLE JUDGES
B.K.Rathi, J
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No. 1094 of 1999

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Judgment

8 paragraphs · 355 words

B.K. Rathi, J.—This revision has been filed under Section 397/401, Cr PC against the order dated 2051999 passed by Additional Sessions Judge, Agra in criminal appeal No. 72 of 1998.

2.

I have heard Sri P.K. Dixit, learned counsel for the applicant and the learned A.G. A. The facts of the case are as follows.

3.

The applicant was convicted for offence under Sections 279 and 304A, IPC by the Magistrate and was sentenced to simple imprisonment and fine by order dated 2731998. Against that order the applicant preferred the criminal appeal No. 72 of 1998. By the impugned order the conviction of the applicant for both the offences have been maintained but the sentence were modified and the applicant was sentenced to six months simple imprisonment and to pay fine of Rs. 500/ for offence under Section 279, IPC and to undergo simple imprisonment of one year and to pay fine of Rs. 1,000/ for offence under Section 304A, IPC. Aggrieved by it, the present revision has been preferred.

4.

In this revision the applicant has not disputed the conviction for any of the two offences. Record shows that the applicant was driving the tractor, by which he murdered one lady and he was caught on the spot while he was attempting to run away. Therefore, the conviction for both the offences is maintained.

5.

The argument of the learned counsel for the applicant is that the sentence awarded are severe. It is argued that the sentence may reduced and it deemed proper in the place of sentence of imprisonment the amount of fine may be raised.

6.

Considering the nature of the offence, I accept the request and maintaining the conviction of the applicant for both the offences, I award sentence of three months simple imprisonment and fine of Rs. 500/for offence under Section 279, IPC and three months simple imprisonment and fine of Rs. 5,000/ for offence under Section 304A, IPC. However, in default of payment of fine, he will further undergo imprisonment for six months.

7.

With this modification in the sentence, the revision is disposed of finally.

Revision disposed of.