Viaksh Kumar Gupta @ Viaksh Gupta vs The State Of Jharkhand ... .... Opp. ...
2025 Latest Caselaw 1105 Jhar

Jharkhand High Court

Viaksh Kumar Gupta @ Viaksh Gupta vs The State Of Jharkhand ... .... Opp. ... on 24 July, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                                2025:JHHC:20382



IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Cr. Revision No. 952 of 2024

Viaksh Kumar Gupta @ Viaksh Gupta, S/o Sri Brahmdeo Saw, R/o Barmasia,
P.O. Dhanbad, P.S. Dhansar, Dist. Dhanbad (Jharkhand)
                                                ..... .... Petitioner
                              Versus
The State of Jharkhand                          ...     ....   Opp. Party

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner           : Mr. B.M. Tripathi, Sr. Advocate
                               Mr. Naveen Kr. Jaiswal, Advocate
For the State                : Mr. Arup Kr. Dey, APP
For the O.P. No. 2           : Mrs. Sujata Kumari, Advocate
                             ------

Order No. 08 / Dated : 24.07.2025.

1. This criminal revision has been filed against the judgment of conviction and order of sentence passed under Sections 279, 338 and 304A of IPC, whereby and whereunder, the petitioner has been sentenced to rigorous imprisonment of six months and a fine of Rs. 1,000/- for the offence under Section 279 of IPC and rigorous imprisonment of two years and fine of Rs.10,000/- for offence under Section 304A of the IPC. Further, the petitioner has been sentenced to rigorous imprisonment of two years and a fine of Rs.1,000/- under Section 338 of IPC. All the substantive sentences have been directed to run concurrently and various terms of imprisonment has been awarded in case of default of payment of fine.

2. Learned senior counsel appearing on behalf of the petitioner confines his argument on the point of sentence.

3. It is submitted that the petitioner is in custody for seven months and maximum substantive sentence of imprisonment awarded is of two years. Motor Accident Claim Case No. 199 of 2022 arising out of the same accident was filed by the heirs and dependents of the deceased namely Pushyamitra Gupta. In the said case, the award of compensation of Rs.18,90,194/- with simple interest @ 6% has been awarded against this petitioner which was to be paid within 30 days, but because of the custody, the petitioner was incapacitated to make said payment. A prayer is made to modify the sentence to the period already undergone so that on his release he could take steps for the payment of the compensation amount.

2025:JHHC:20382

4. Learned counsel on behalf of opposite party No. 2 does not raise any serious objection to modification of sentence so as to facilitate his release so as to enable him to make expeditious payment of the compensation awarded in the motor accident claim case.

5. Having considered the submission advanced on behalf of the petitioner, the sentence of imprisonment awarded to the petitioner is modified to the period already undergone. However, the petitioner will be liable to pay the fine amount which shall be paid to opposite party No. 2 by way of compensation. In case of default of payment of fine, the petitioner will be liable to serve the terms of imprisonment, as awarded by learned Appellate Court. Criminal Revision stands dismissed with the aforesaid modification in sentence.

Pending I.A., if any, stands disposed of.

(Gautam Kumar Choudhary, J.) Pawan/ -