- (1.) B. K. Rathi, J. This revision has been filed under Section 397/401, Cr PC against the order dated 20-5-1999 passed by Additional Sessions Judge, Agra in criminal appeal No. 72 of 1998.
(2.) I have heard Sri P. K. Dixit, learned counsel for the applicant and the learned A. G. A. The facts of the case are as follows. The applicant was convicted for offence under Sections 279 and 304-A, IPC by the Magistrate and was sentenced to simple imprisonment and fine by order dated 27-3-1998. Against that order the applicant preferred the criminal appeal No. 72 of 1998. By the impugned order the conviction of the applicant for both the offences have been maintained but the sentence were modified and the applicant was sentenced to six months simple im prisonment and to pay fine of Rs. 500/- for offence under Section 279, IPC and to undergo simple imprisonment of one year and to pay fine of Rs. 1,000/- for offence under Section 304-A, IPC. Aggrieved by it, the present revision has been preferred. In this revision the applicant has not disputed the conviction for any of the two offences. Record shows that the ap plicant was driving the tractor, by which he murdered one lady and he was caught on the spot while he was attempting to run away. Therefore, the conviction for both the offences is maintained.
(3.) THE argument of the learned coun sel for the applicant is that the sentence awarded are severe. It is argued that the sentence may reduced and it deemed proper in the place of sentence of im prisonment the amount of fine may be raised. Considering the nature of the of fence, I accept the request and maintaining the conviction of the applicant for both the offences, I award sentence of three months simple imprisonment and fine of Rs. 500/-for offence under Section 279, IPC and three months simple imprisonment and fine of Rs. 5,000/- for offence under Sec tion 304-A, IPC. However, in default of payment of fine, he will further undergo imprisonment for six months.;