B.K.Rathi - (1.) HEARD Sri R. N. Sharma, learned counsel for the revisionist and the learned A.G.A.
(2.) THE revisionist was convicted in Case No. 1196 of 1992, for offence under Sections 304A, 279 and 338, I.P.C. and was sentenced to undergo five months rigorous imprisonment and to pay a fine of Rs. 200 for offence under Section 279, I.P.C. and for offence under Section 304A, I.P.C. he was sentenced for two years rigorous imprisonment and to pay a fine of Rs. 400 by the judgment and order, dated 11.1.1999, passed by the VIIth A.C.J.M., Meerut. Against the conviction the applicant preferred Criminal Appeal No. 4 of 1999, which has been decided on 9.3.2000. THE conviction for both the offences have been maintained. However, the sentences were reduced and he was sentenced for rigorous imprisonment for three months and to pay a fine of Rs. 200 for offence under Section 279, I.P.C. and to undergo rigorous imprisonment for three months and to pay a fine of Rs. 400 for offence under Section 304A, I.P.C. Aggrieved by it, the present revision has been preferred. The learned counsel for the revisionist Sri R. N. Sharma has not challenged the conviction of the revisionist for offence under Section 304A and 279, I.P.C. The only request made is that a lenient view be taken in respect of award of sentence. It is contended that the incident took place on 25.7.1991, and there is no other earning member in the family of the applicant. The request of the learned counsel for the applicant is that the sentence of imprisonment may be reduced and the fine may be enhanced. It is further contended that the applicant is in jail since 9.3.2000, i.e. from the date on which the appeal was decided. Considering the arguments of the learned counsel for the revisionist the revision is finally decided and the conviction of the applicant for offence under Sections 279 and 304A, I.P.C. both are maintained. However, the sentence awarded to him are modified and he is awarded the sentence to pay the fine of Rs. 500 for offence under Section 279, I.P.C. and to undergo imprisonment for the period for which he had been in jail and to pay a fine of Rs. 2,000 for offence under Section 304A, I.P.C. The revisionist shall be released forthwith from the jail on the deposit of the aforesaid fine. However, in case the fine is not deposited, as aforesaid, the applicant shall undergo the sentences as awarded by the learned Sessions Judge. The fine already deposited shall be adjusted in the fine imposed by this order.;