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| HC modifies sentence, enhances fine | | |
Jammu, Jun 04-In a criminal revision petition, Justice Mansoor Ahmed Mir today modified the order of sentence from one year’s rigorous imprisonment into the period the petitioner has already undergone in custody, besides imposing fine of Rs.50, 000 against Rs.2, 000 which shall be payable to the legal representatives of late Rani Devi and Master Vicky, who died in the accident in 1994.
After hearing senior Advocate AV Gupta with Advocate YE Tak appearing for the petitioner and Additional Advocate General PC Sharma appearing for the state, Justice Mir observed that petitioner has suffered for last more than 15 years because of his own fault. It is but natural that he has undergone mental agony and pain. The evidence led by the prosecution established beyond any reasonable doubt that the petitioner/accused had driven vehicle rashly and negligently on June 30, 1994 and caused the accident which resulted into the death of Rani Devi and her son Vicky. There is no scope for interfering with the order of conviction. The scope of revisional court is also limited. At this stage senior Advocate AV Gupta, appearing for the petitioner, stated that the petitioner was in custody and instead of one year, he be sentenced for the period already undergone while PC Sharma Additional Advocate General on the other hand stated at bar that he has no objection to the said proposition. His statement is taken on record.
The petitioner/accused Subash Chander was tried by Court of Sub-Judge Jammu for causing the death of Rani Devi and her son Master Vicky while driving the bus rashly and negligently when they were waiting for the bus on the road side on June 30, 1994. The police after completion of the investigation presented challan against the accused. He was convicted and sentenced for the commission of offences u/s 279/337/304-A RPC to undergo one year’s rigorous imprisonment and fine Rs 20,000. Aggrieved by the sentence the petitioner filed an appeal in the Court of Sessions Judge Jammu who modified the order of sentence by providing that the accused/appellant has to undergo one year’s rigorous imprisonment besides reducing the fine from 20000 to 2000. JNF
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