High Courts(1997) 09 AHC CK 0166

Rakesh vs State of U.P.

Allahabad High Court · Decided on 30 September 1997

HON’BLE JUDGES
P.K.Jain, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 1246 of 1997

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Judgment

7 paragraphs · 240 words

P.K. Jain, J.—Heard learned Counsel for the revisionist and learned A.G.A.

2.

Revisionist was convicted by the trial Court under Section 304A, IPC and was sentenced to under go RI for six months and pay a fine of Rs. 1,000/ and in default ofpayment of fine to furhter undrgo imprisonment for 2 months.

3.

Appeal filed by him was dismissed by the judgment and order dated 1791997.

4.

Revision is pressed on the question of quantum of sentence only and is being disposed of finally at admission stage.

5.

It is contended that the revisionist is a young boy and is student of L.L.B. The circumstances in which the incident occurred the revisionist cannot be held wholly responsible for the death of victims and there is possibility of contributory negligence. Perused the impugned judgments and orders of the Courts below. There are sufficient gorunds to reduce the sentence. No useful purpose shall be served by sending the revisionist to jail in the circumstances of the case.

6.

Conviction of the revisionist under Section 304A IPC is maintained and the revisionist is sentenced to undergo imprisonment till rising of the Court and pay a fine of Rs. 3,500/. In default of payment of fine he shall undergo imprisonment awarded by the Court below. He is granted one month''s time from today to deposit the amount of fine. With this modification in the order of sentence the revision is dismissed.

Revision dismissed.