AADAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order dated 11. 5. 2000 passed by Additional Session Judge, Pali in criminal appeal no. 23/99 whereby he has dismissed the appeal against the order of conviction but modified the order of sentence passed by Judicial Magistrate, Sojatcity in criminal original case no. 177/97 as under:- (1) Reduced the sentence of six months simple imprisonment and a fine of Rs. 1, 000/- in default of payment of fine to further undergo one month's simple imprisonment to three months simple imprisonment and a fine of Rs. 1, 000/- in default of payment of fine to further undergo 15 days simple imprisonment u/s. 279 IPC. (2) Reduced the sentence of six months simple imprisonment and a fine of Rs. 500/- in default of payment of fine to further undergo 15 days simple imprisonment to three months simple imprisonment and a fine of Rs. 500/- in default of payment of fine to further undergo 15 days simple imprisonment u/s. 337 IPC. (4) Reduced the sentence of one year's simple imprisonment and a fine of Rs. 1, 000/- in default of payment of fine to further undergo one month's simple imprisonment to six months simple imprisonment and a fine of Rs. 1, 000/- in default of payment of fine to further undergo one month's simple imprisonment u/s. 338 IPC. (4) Reduced the sentence of two years' rigorous imprisonment and a fine of Rs. 5, 000/- in default of payment of fine to further undergo five months' simple imprisonment to one year's simple imprisonment and a fine of Rs. 5, 000/- in default of payment of fine to further undergo five months' simple imprisonment u/s. 304-A IPC.

(2.) BOTH the Courts below have concurrently found that the petitioner accused drove his truck no. RJ. 22 G 0346 in a rash and negligent manner and caused death of jeep driver Daula Ram who was coming from the opposite side on 16. 4. 1997 at 5:45 P. M. Due to this accident, Daula Ram, Heerji and complainant Rafiq received injuries and thereafter, Daula Ram died during treatment.

(3.) BEFORE parting, I must state that the learned Trial Magistrate has rightly awarded maximum sentence of two years rigorous imprisonment to the petitioner accused for offence u/s. 304-A I. P. C. by observing that this type of cases are increasing day by day, therefore, maximum sentence should be awarded. He rightly refused probation as it has been held by this Court as well as Hon'ble Supreme Court that in this type of cases, probation should not be given. However,in appeal, the learned Additional Session Judge, Pali for practically no reasons reduced the sentence awarded to the petitioner to a mere sentence of one year's simple imprisonment for major offence u/s. 304-A I. P. C. For reducing the sentence, he has only stated that. ***