Rongon Mukhopadhyay, J. - (1.) Head Mr. P. K. Mukhopadhyay, learned counsel for the petitioner and Mrs. Vandana Bharti, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 10-5-2005 passed the Criminal Appeal No. 87 of 2000 by the learned Additional Sessions Judge XIII, Dhanbad whereby and whereunder the judgment of conviction and sentence passed by the learned Judicial Magistrate 1st class, Dhanbad in G.R. No. 2130 of 1997 in which the petitioner has been convicted for the offence under Section 279/304-A of the IPC and sentenced to undergo R.I. for six months has been affirmed.
(3.) It has been stated that there is no eye-witness to the occurrence and merely on surmises the petitioner has been implicated as driver of the offending vehicle. An alternative argument has been put forward by the learned counsel for the petitioner that if this Court is not inclined to interfere with the judgment of conviction, the period of sentence imposed upon the petitioner be substantially reduced considering the fact that the petitioner has remained in custody for about 2 months.;