NARENDER SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner - Narender Singh to challenge the legality and correctness of a judgment dated 12.12.2009 of learned Addl. Sessions Judge in Crl.A.No.41/2009 in case FIR No.9/1996 PS Inderpuri whereby findings of the learned Metropolitan Magistrate regarding petitioner's conviction under Sections 279/304A IPC were endorsed. The petition is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. The petitioner was convicted by the Trial Court by a judgment dated 21.08.2009 for commission of offences punishable under Sections 279/304A IPC. By an order dated 11.09.2009, the petitioner was sentenced to undergo simple imprisonment for fifteen months with fine Rs. 4,500/- under Section 304A IPC and Simple Imprisonment for fifteen days with fine Rs. 500/- under Section 279 IPC. Both the sentences were to operate concurrently. In appeal, the conviction recorded by the Trial Court was upheld. Sentence Order was, however, modified to the extent that simple imprisonment under Section 304A IPC would be for twelve months.

(3.) During the course of arguments, on instructions, learned counsel for the petitioner informed that the petitioner has opted not to challenge the findings of the Trial Court on conviction. Prayer was, however, made to take lenient view as the petitioner is the sole bread earner of the family and has remained in custody for sufficient duration.