1. The present Criminal Revision Application under Section 397 read with 401 of the Code of Criminal Procedure has been preferred by the applicant herein - original accused, to quash and set aside the impugned judgement and order of conviction dated 24/06/2009 passed by learned Judicial Magistrate, First Class, Balasinor in Criminal Case No.171 of 1997 convicting the applicant herein - original accused for the offence punishable u/s.279 & 304(A) of the Indian Penal Code read with Section 184 of the Motor Vehicles Act and sentencing the applicant herein to undergo three months SI and to pay fine of Rs.500/- and in default, to undergo 5 days SI for the offence punishable under Section 279 of the Indian Penal Code and Section 184 of the Motor Vehicles Act as well as to undergo 1 year SI and to pay fine of Rs.4,500/- and in default to undergo 45 days SI for the offence punishable under Section 304(A) of the Indian Penal Code, which is confirmed by learned 2nd Additional Sessions Judge, Nadiad vide impugned judgment and order dated 10/02/2011 passed in Criminal Appeal No.52 of 2009.
2. Mr.Tejas Barot, learned advocate appearing on behalf of the applicant herein - original accused, under the instruction from his client, has stated at the bar that the applicant does not challenge the judgement and order of conviction passed by learned Trial Court confirmed by learned Appellate Court. However, he has requested to reduce the sentence imposed by learned Trial Court confirmed by learned Appellate Court by submitting that the applicant is ready and willing to deposit a sum of Rs.40,000/- with the learned Trial Court, to be paid to the parents of the deceased, which shall be over and above the amount, which might be required to be paid by the applicant towards compensation either under the Motor Vehicles Act and/or towards compensation in any other proceedings. It is further submitted that the applicant has already deposited sum of Rs.40,000/- with the Registry of this Court.
It is further submitted by Mr.Barot, learned advocate appearing on behalf of the applicant that as such the applicant is very poor person and serving as Driver and there is no other antecedent and liability of his entire family members is upon him and, therefore, he has requested to reduce the sentence to three months SI instead of 1 year SI for the offence punishable under Section 304(A) of the Indian Penal Code.
3. Ms.C.M.Shah, learned Additional Public Prosecutor appearing on behalf of the respondent-State has requested to pass appropriate order in the facts and circumstances of the case and has requested to pass appropriate order considering the request made by learned advocate appearing on behalf of the applicant herein.
4. Having heard learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case and considering the fact that the case is of the year 1996 and the applicant seems to be only earning member in the family and there is no other antecedent and considering the fact that the applicant has deposited Rs.40,000/- with the Registry of this Court, which can be paid to the parents of the deceased towards compensation, which shall be over and above the amount to be awarded under Motor Vehicles Act if any and any amount due and payable towards compensation, it appears to the Court that request made by the applicant herein to reduce the sentence to three months SI deserves consideration.
5. In view of the above, the present Criminal Revision Application succeeds in part. The impugned judgement and order passed by learned Trial Court confirmed by learned Appellate Court is modified to the extent that while confirming the judgement and order of conviction passed by learned Trial Court directing the applicant to undergo the sentence for three months SI for the offence punishable under Section 279 of the IPC and Section 184 of the Motor Vehicles Act and to pay fine of Rs.500/- in all and in default to undergo 5 days SI (it is reported that fine is already paid /deposited) and consequently the applicant to now surrender to undergo the sentence, pursuant to the present order, on or before 12/10/2012. That the sentence for the aforesaid offence shall run concurrently. It goes without saying that the sentence already undergone shall be given credit and the applicant has to undergo the sentence for three months SI in all.
6. Registry is hereby directed to transmit an amount of Rs.40,000/- (which is deposited by the applicant) to the Court of learned JMFC, Balasinor and learned Judicial Magistrate (First Class), , Balasinor is hereby directed to invest the said amount in Fixed Deposits initially for a period of one year with cumulative interest in the name of Nazir and is also directed to issue Notice upon the father of the deceased – Kantibhai Mahera and is directed to see that the said amount of Rs.40,000/- is paid to him towards compensation, which shall be over and above the amount that may be directed to be paid in Motor Accident Claim Petition if any and any amount due and payable towards compensation and the said amount to be paid to the father of the deceased by Account Payee Cheque on proper identification. Learned Judicial Magistrate, First Class, Balasinor appraise the father of the deceased what amount is paid by Account Payee Cheque and the said amount shall be over and above the amount due and payable towards compensation in any other proceedings. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.R.SHAH,J] *dipti