Judgment

BHAGWATI, J.:- We have gone through the evidence in this case and we are satisfied that there is no reason to interfere with the conviction recorded against the appellant for the offence under Section 304-A of the Indian Penal Code. The sentence which has been imposed on the appellant has been progressively reduced and ultimately the appellant has been sentenced to suffer rigorous imprisonment for two months and to pay a fine of Rs. 500/-. We think that having regard to the special facts and circumstances of the present case, it would meet the ends of justice if the sentence of imprisonment is reduced to one month and in lieu thereof, the fine is enhanced to Rs. 1,000/-.

2. We accordingly allow the appeal only in regard to sentence and reduce the sentence of imprisonment imposed on the appellant from two months to one months rigorous imprisonment and in lieu thereof, enhance the sentence of fine from Rs. 500/- to Rs. 1,000/- with a direction that in default of payment of fine, the appellant will suffer further rigorous imprisonment for one month. We are told that the appellant has already deposited a sum of Rs. 1,000/- in respect of the sentence of fine which had been imposed on him by the learned Judicial Magistrate who tried the case. This amount may be directed to be appropriated towards payment of the fine and it may be paid over to the lady who was the wife of the deceased at the time of his death, as and by way of compensation.

Sentence reduced.

For Citation : AIR 1977 SC 892

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