Kallu Driver vs State Of U.P.
2012 Latest Caselaw 2137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 398 of 2004
 

 
Petitioner :- Kallu Driver
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- R.P.Mishra
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the revisionist and learned A.G.A. for the State of U?.

This revision has been filed against the order dated 23.8.2004 passed by learned Sessions Judge, Shrawasti in criminal appeal No. 1 of 2002 whereby the appeal filed by the revisionist has been dismissed by confirming the order dated 27.11.2001 passed by learned C.J.M. Shrawasti. Vide order dated 27.11.2001  the learned C.J.M. Shrawasti has convicted the revisionist under section 279 IPC and sentenced with a fine of Rs. 500/-, convicted under section 337 IPC and sentenced with a fine of Rs. 200/-, convicted under section 339 IPC and sentenced with a fine of Rs. 500/- and convicted under section 304-A IPC and sentenced for six months RI with a fine of Rs. 600/-. In default of payment of fine the revisionist shall further undergo one month RI  and from the amount of fine deposited by the revisionist Rs. 1000/- shall be paid to the dependent of the deceased as compensation.

It is submitted by learned counsel for the revisionist that he is not pressing this revision on the merit of the case, he is pressing this revision only on the question of sentence. The revisionist is aged about 72 years and maximum sentence of six months RI has been passed by learned Trial court. The revisionist has remained in jail for some period also. The alleged incident has taken place  on 28.11.1999, in case the revisionist sent to the jail to serve out the remaining sentence, it shall not serve any fruitful purpose but it may increased the enmity between the parties. The revisionist is ready to pay fine in place of remaining sentence of imprisonment. Therefore, the finding of the conviction is confirmed but the sentence is hereby modified to the extent  that the revisionist shall pay the fine as directed by the trial court under sections 279, 337, 338 IPC but in respect of the sentence awarded by the trial court under section 304-A IPC for remaining sentence of imprisonment the revisionist shall pay the amount of Rs. 5,000/- in addition to the fine of Rs. 600/- which has already be awarded. In case the above mentioned amount is deposited by the revisionist, the amount of Rs. 6,000/- shall be paid to the dependent of the deceased. The total amount of the fine shall be deposited by the revisionist within three months from today. In default, the revisionist shall be taken into custody to serve out the remaining sentence of imprisonment.

With this direction, this revision is disposed of.

Order Date :- 24.5.2012

RPD