JUDGMENT :

Rastogi, J.

1. Leave granted.

2. Heard Mr. Pallav Mongia, learned counsel for the appellant and Ms. Ruchira Gupta, learned counsel for the respondents.

3. The appellant has assailed the judgment and order dated 7th December, 2020 upholding his conviction for offences under Sections 279, 304A of Indian Penal Code(IPC) and under Section 3 read with Section 181 of the Motor Vehicles Act, 1988 (MV Act) and sentencing him with simple imprisonment of two months and fine of Rs. 1,000/for the offence under Section 279 IPC; simple imprisonment for two years and fine of Rs. 10,000/for the offence under Section 304A IPC; and to pay fine of Rs. 500/or in default to undergo simple imprisonment of 10 days for the offence under Section 3 read with Section 181 of the MV Act. Indisputedly, the appellant has undergone more than 7 months of substantive sentence.

4. The case of the prosecution is that the appellant on 13th February, 2013 at 1745 hrs while proceeding from Tilamol side to Zambaulim, which is a public way, drove his Wagon-R bearing registration no. GA09A6921 in a rash and negligent manner and committed a culpable homicide not amounting to murder, by causing the death of Manohar She