- (1.) C. A. Rahim, J. This revision has been filed against the judgment and order 7. 1. 1984 passed by the learned IX Addl. Ses sions Judge, Etah in Criminal Appeal No. 221 of 1983 dismissing the appeal preferred by the accused.
(2.) A case was registered against the accused under Sections 279,338 and 304-A I. P. C. The learned Magistrate convicted the accused under all those Sections and imposed fine of Rs. 500/- each for offence under Section 279, 338, IPC. He also imposed six months R. I. and a fine of Rs. 1,000/- for the offence under section 304-A, I. P. C. The appeal preferred by the accused was dismissed confirming the conviction and sentence imposed by the learned Magistrate. Learned counsel has submitted that since the conviction and sentence was passed about 13 years ago family position and social structure having been changed in the meantime and since there is no further report of criminality against the revisionist and when there is provision for imposing alternative sentence a reasonable fine be imposed. Considering the circumstances I feel that imposition of fine of Rs. 2,000 for the offence under section 304-A, I. P. C. in addi tion to the sentence of fine already imposed by the learned trial court under Sections 279 ajid 338 I. P. C. will meet the ends of justice. The complainant be also compensated by making payment of 50% of the fine realise. Relying on the decision reported in AIR 1985, S. C. 1278, Sri Amar Saran appearing for the revisionist has submitted that since the applicant is in service the result of this revision should not affect his service.
(3.) IN view of the decision passed by the Supreme Court it is directed that the result of this revision shall not affect the service of the revisionist in any way. Fine if deposited shall be adjusted against the sentence of fine imposed in this revision. The revision is, therefore, allowed in part. The conviction under Sections 279, 338 and 304-A, IJP. C. is maintained. But the sentence of imprisonment under Section 304-A I. P. C. is substituted to a fine of Rs. 2. 000/- to be deposited within two months, in default R. I. for six months shall be suf fered by the applicant. This is in addition to fine imposed u/s 279 and 338 I. P. C. The fine if realised 50% be paid to the complainant after giving notice to him.;