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| Appeal dismissed, convict to undergo sentence | | |
JAMMU, JULY 27\- Additional Sessions Judge Jammu Mr. RS Jain dismissed the appeal filed by the convict who was awarded sentence by then CJM on July 10, 2002 and upheld the same and sent appellant Balbir Raj, who was present in the Court, to custody to undergo the sentence imposed by the CJM Jammu.
According to brief facts of the case that appellant/accused Balbir Raj on March 9, 1992 while driving matador from Makwal to Jammu had overloaded the said vehicle and the matador turned turtle as it was being driven in rash and negligent manner due to which number of passengers traveling in the vehicle received injuries whereas injured Vicky died due to the injuries sustained by him in said accident. A case u/s 279/337/304-A RPC was registered by P/S Satwari and after completion of the investigation presented the challan in the Court of CJM Jammu. The then CJM Mr. Suresh Sharma awarded sentence to the accused to undergo one year imprisonment and fine Rs 500. Against the said conviction the convict filed this present appeal which was disposed off today.
Additional Sessions Judge upheld the conviction awarded by the trial Court and after hearing Adv S Manohar Singh appearing for the appellant and Additional Public Prosecutor Mr. Vijay Sharma appearing for the state observed that the counsel for the convicts submitted that conviction of accused is upheld e be given the benefit of probation of offenders act on the ground that accused had to suffer the agony of the trial for a long time. On the other hand APP has submitted that length of the trial of the accused as well as the appeal is attributed to the conduct of the accused and thus the appellant is not entitled the benefit of probations of offenders Act. Court after perused the material on record and record of the trial Court shows that delay in disposal of the case is attributable to the absence of accused on a number of dates so much so proceedings u/s 512 CrPC were also initiated against accused at one stage. In the present appeal the delay in disposal of the appeal is attributed to appellant and the prayer of the appellant for giving him the benefit of probations of the offenders act is rejected. With these observations Court upheld the sentence awarded by the CJM and accused send to jail to undergo the sentence
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