The main legal point established in the judgment is the court's interpretation and application of the provisions related to rash and negligent driving under Sections 279 and 337 of the Indian Penal Code, considering the evidence, the petitioner's first offence, and the modification of the sentence based on the totality of the facts and circumstances.

JUDGMENT :

1. Heard Mr. Randhir Kumar, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Bishwambhar Shastri, learned counsel appearing on behalf of opposite party-State.

3. This criminal revision application is directed against the judgment dated 06.12.2008 passed in Cr. Appeal No. 24 of 2008 by the learned District & Sessions Judge, Latehar, whereby the appeal filed by the petitioner has been dismissed. The petitioner was convicted and sentenced vide judgment dated 01.07.2008 passed in G.R. Case No. 87/2003 by the learned Additional Chief Judicial Magistrate, Latehar for offence under Sections 279 and 337 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months with fine of Rs. 500/- each under the same sections and in default of payment of fine, he was further directed to undergo simple imprisonment for a period of 15 days each. The sentences were directed to run concurrently.

Arguments of the petitioner

4. Learned counsel for the petitioner, while advancing his argument, has submitted that the petitioner who was said to be the driver of the offending vehicle i.e., Commander Jeep was not apprehended on the spot. He also submitted that the offending vehicle was also not seized and in such circumstances, the petitioner was entitled for benefit of doubt. He submits that this aspect of the matter has not been properly considered by the learned courts below and accordingly, the impugned judgments are perverse and are fit to be set-aside.

5. Without prejudice to the aforesaid submission, the learned counsel for the petitioner has also submitted that the petitioner does not have any criminal antecedent and the present incident is of the year 2003 and the petitioner has faced the rigors of criminal case for a long time, therefore, some sympathetic view may be taken.

6. The learned counsel further submits that the petitioner had surrendered before the court on 26.11.2012 and was directed to be released on bail by this Court vide order dated 10.01.2013 and accordingly, the petitioner has remained in custody for a period of one-and-a-half months. The learned counsel submits that considering the totality of the facts and circumstances of this case, the sentence of the petitioner be modified and be limited to the period already undergone by him in custody. The learned counsel has also submitted that in view of the modification of sentence, some amount of victim compensation may be directed to be paid to serve the ends of justice.

Arguments of the opposite party-State

7. Learned counsel appearing on behalf of opposite party-State, on the other hand, while opposing the prayer has submitted that there are concurrent findings recorded by the learned courts below and the injured witnesses have identified the petitioner as the driver of the offending vehicle. He submits that there is no scope of re-appreciation of evidences and coming to a different finding in revisional jurisdiction in absence of any perversity. He submits that no illegality or perversity, as such, has been pointed out by the learned counsel for the petitioner.

8. The learned counsel for the State has also submitted that in the facts and circumstances of this case, the concurrent judgment of conviction may not be interfered with. So far as the sentence is concerned, he submits that appropriate order may be passed by this Court. He also submits that some victim compensation may also be awarded.

Findings of this Court

9. After hearing the learned counsel for the parties, this Court finds that as per the prosecution case, which was filed on the basis of the fardbeyan given by the informant (P.W.5), Latehar P.S. Case No. 26/2003 was registered. The informant had given his fardbeyan before the A.S.I. on 11.03.2003 at Sadar Hospital, Latehar to the effect that on the same date i.e., 11.03.2003 at about 11:30 a.m., he along with one Alam Ansari were going to Latehar Computer Centre on a motorcycle and when they reached near Rehra