Raj Singh vs State Of Uttarakhand

N.S. Dhanik, J

This criminal revision is preferred against the judgment and order dated 19.09.2009 passed by learned Sessions Judge, Uttarkashi in Criminal

Appeal No. 09 of 2006, “Raj Singh vs. State of Uttarakhandâ€, whereby he has confirmed the judgment and order dated 04.03.2006 passed by

learned Judicial Magistrate, Uttarkashi in Criminal Case No. 119 of 2004, whereby the revisionist was convicted for the offence punishable under

Section 279 IPC and sentenced to undergo three months rigorous imprisonment and to pay a fine of Rs.500/-. Revisionist was further convicted for

the offence punishable under Section 304-A IPC and sentenced to undergo nine months rigorous imprisonment and to pay a fine of Rs. 750/-. All the

sentences shall run concurrently.

Learned counsel for the revisionist does not press this revision on merits. He submits his arguments only on the quantum of sentence. Since the

revisionist’s counsel does not challenge the conviction, this Court need not go into the merits of the case and, accordingly, the conviction in the

aforementioned offences is maintained.

Learned State Counsel does not seriously object to the prayer made on behalf of the revisionist. He fairly concedes that revisionist has served 27

days in the jail.

Learned counsel for the revisionist submits that the revisionist is a poor person; he is the only bread earner of his family and the incident relates to

the year 1999. He further submits there is no minimum sentence provided for the aforementioned offences. He submits that revisionist has already

served about 27 days in the jail and prays that the substantive sentence, awarded to the revisionist, may be reduced to the period already undergone by

him.

Considering the submissions of learned counsel for the revisionist is a poor person and the incident relates to the year 1999, this Court is of the view

that the ends of justice would be sub-served. Consequently, the revision is dismissed on merit. However, it is partly allowed on the quantum of

sentence and the sentence is reduced to three months, adjusting the period already undergone by the revisionist as under:-

(i) For the offence punishable under Section 279 IPC, the fine is enhanced from Rs. 500/- to Rs. 1,000/, and in default of payment fine, he shall serve

the additional one month imprisonment.

(ii) For the offence punishable under Section 304-A IPC, the fine is enhanced from Rs. 750 to Rs. 5,000/-, and in default of payment fine, he shall

serve the additional two months imprisonment.

(iii) All the sentences are directed to run concurrently.

The enhanced amount of fine shall be deposited before the trial Court within ten days from the date of production of certified copy of this order.

Amount, if any, deposited earlier shall be adjusted. The impugned judgment and order stands modified to the extent indicated above.

The revisionist shall surrender before the Court concerned within ten days from the date of production of certified copy of this order.

Let a copy of this judgment and order, along with the LCR be sent back to the Court concerned.