Narendra Singh vs State of Uttaranchal

Servesh Kumar Gupta, J.—This revision has been directed against the judgment and order dated 19.9.2009 passed in Appeal No. 10/1999, Narendra Singh v. State of U.P. The said appeal was adjudicated by Sessions Judge, District Chamoli, whereby the order of the Judicial Magistrate, Karnprayag dated 11.8.1999 was upheld. The Judicial Magistrate tried the Criminal Case No. 327/93, wherein the accused Narendra Singh was convicted for the offence of Section 279 Indian Penal Code, 1860 and he was sentenced to undergo three months'' rigorous imprisonment nay fine of Rs. 500/- He was further convicted for the offence of Section 304-A Indian Penal Code, 1860 and directed to undergo six months'' rigorous imprisonment nay fine of Rs. 1000/-.

The accident occurred on 10.9.1991. The revisionist was driving a private bus which fell down in a ditch causing the death of one passenger Mangli Ram besides injuries to others.

Learned Counsel for the revisionist does not advance his submissions on the question of the merit but only has prayed for condonation of sentence of imprisonment. He has apprised this Court that the revisionist after failing his appeal has already been under incarceration for almost ten days and if this Court feels necessary, then the fine may be enhanced.

Considering the two decades old incident and the hanging of the litigation since then, causing mental agony to the revisionist too, this Court feels that the ends of justice will be met if the revisionist is convicted only for the sentence which he has already undergone together with the fine which is enhanced as under:

(i) For the offence of Section 279 Indian Penal Code, 1860, the fine of Rs. 1000/- is imposed instead of Rs. 500/-.

(ii) For the offence of Section 304-A Indian Penal Code, 1860, the fine of Rs. 15000/- is imposed instead of Rs. 1000/-.

(iii) The fine already paid, if any, shall be adjusted and the remaining amount of fine shall be deposited by the revisionist within one month from the date of receipt of this judgment and order in the trial court.

With the modification as above in the impugned judgments and orders passed by the courts below, this revision is partly allowed.

Let the lower court record be sent back for compliance of the order.