- (1.) P. K. Jain J. Heard Sri Dharmendra Pratap Singh. holding brief of Sri S. P. S. Raghav and learned A. G. A.
(2.) REVISIONIST Tej Pal was convicted by the trial Court under Section 279 and 304-A I. P. C. and was sentenced to RI for three months and one year respectively on each court. He was further sentenced to pay a fine of Rs. 1,000/- under-Section 304-A I. P. C. and in default of payment of fine to further undergo RI for six months. Criminal Appeal No. 108 of 1993 filed by him was dismissed by IIIrd Additional Ses sions Judge, Bulandshahar vide his judg ment and order dated 9-1 -1984. In this revision the judgments, and orders of the Court are challenged on the ground that the place of occurrence is not established by the evidence on record and that considering the fact the incident re lates to the year 1978, punishment may be reduced. Learned A. G. A. contends that offence under Section 304-A, I. P. C. is punishable for imprisonment of two years. The Court below have taken a lenient view for awarding the punishment. The revisionist was a driver in U. P. Government Bus belonging to the UPSRTC. The incident had occurred on 2-7-1978. The revisionist was in jail for some time before he was released on bail after dismissal of the appeal by appellate Court. Revision has come up for hearing after more than 13 years. No useful pur pose would be served by sending the revisionist to jail after a lapse of almost 19 years since the offence was committed. It is a case of rash and negligent driving.
(3.) CONSIDERING these facts, in my view the period already undergone and a fine of Rs. 3,000/- would meet the ends of justice. Learned counsel submits that enhance ment in the amount of fine will not be treated by the revisionist as enhancement in punishment. As regards the contention about the commission of offence, the concurrent finding of the Courts below is that the revisionist fled away from the scene of occurrence leaving the bus there. Bus was found by the investigating agency at the scene of occurrence. There is no controversy in this regard. There is no error in the finding.;