Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE trial Court has convicted and sentenced the accused -petitioner under Section 304A of the Indian Penal Code to undergo one year simple imprisonment and a fine of Rs. 500/ -; in default of payment of fine, to further undergo 15 days simple imprisonment. However, on an appeal, the appellate Court, while upholding the order of conviction passed by the trial Court, reduced the sentence from one year simple imprisonment to 4 months simple imprisonment with fine of Rs. 5000/ -; in default of payment of fine, to further undergo one month's simple imprisonment. Being aggrieved with the same, the present revision petition has been preferred by the accused -petitioner. The submission of the learned Counsel for the petitioner is that the complainant PW -6 Lal Singh, in his cross -examination, admitted that an information about the incident was given to him by some children but the prosecution did not examine any children in the case. He further submits that, according to the statement of PW -6, other eye -witnesses came later, therefore, the Courts below have committed an illegality in convicting and sentencing the accused -petitioner for the above offence and their orders are liable to be set -aside by this Court. He also submits four months may be reduced to a period of about one -and -a -half month, the sentence of imprisonment already undergone by the accused -petitioner.
(3.) THE learned Counsel for the State supported the impugned judgment passed by the Courts below and contended that the appellate Court has already taken a lenient view by reducing the sentence of one year SI to 4 months SI, therefore, the same may not now be reduced as one person has lost his life due to negligent act of the accused -petitioner.;