Hon'Ble Ravindra Maithani vs Unknown
2022 Latest Caselaw 2905 UK

CRLR No. 517 of 2022
Hon'ble Ravindra Maithani, J.

Mr. B.S. Adhikari and Mr. Narendra Bali, Advocate for the revisionist.

Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.

The challenge in this revision is made to the following:-

(i) Judgment and order dated 17.1.2019, passed in Criminal Case No.952 of 2014, State Vs. Gopal Ram, by the court of Judicial Magistrate, Nainital ("the case"). And;

(ii) Judgement and order dated 26.07.2022, passed in Criminal Appeal No.24 of 2019, by the court of II Additional District and Sessions Judge, Nainital, affirming the conviction and sentence passed in the case.

According to the prosecution case, on 07.03.2014, the deceased was walking on the Mall Road from Mallital to Tallital, when, at 12:30 PM, the revisionist, while driving a motorcycle bearing no.UK04M7271 hit him from behind, due to which, he sustained injuries and subsequently he died.

The revisionist has been convicted under Section 279, 304A IPC and under Section 304 IPC, he has been sentenced to 1 year simple imprisonment with a fine of Rs. 1,000/-. It has further been stipulated that in default of payment of fine, the revisionist shall further undergo 1 month simple imprisonment.

The revisionist has also been sentenced under Section 279 IPC to 1 month simple imprisonment with a fine of Rs. 500/- with the further stipulation that in default of payment of fine, the revisionist shall further undergo 1 month simple imprisonment.

Heard Learned counsel appearing for the revisionist would submit that the revisionist restricts his challenge to the quantum of sentence alone.

Admit the revision on the quantum of sentence only.

List this matter on 26.09.2022. In the meanwhile, LCR may also be summoned.

Learned State Counsel may also get information so as to help the Court in arriving at an adequate sentence.

(Ravindra Maithani J.) 09.09.2022

RV