Full Judgment
S.I. Jafri, J.
1. This revision filed by Latoori Singh, applicant hereby impugning his conviction under Section 279/304 A I.P.C. was admitted by this Court on the question of sentences.
2. On being convicted under Section 279/304 A I.P.C. and sentenced to undergo R.I. for 3 months under Section 2791.P.C. and further to undergo R.I. for nine months under Section 304 A I.P.C. in Criminal Case No. 754 of 1982 by 1st Additional Munsif Magistrate Etah, the applicant went up in appeal before the Sessions Judge, Etah, who upon a consideration of materials on record dismissed the appeal and affirmed and the conviction and sentences recorded against him by the trial Court.
3. The facts of the case are that on 24.7.82 at about 6.30 P.M. Afsar Ali a child aged about 3 years son of the daughter of Informant Dafedar was playing by the road-side, when Truck No. UPT1217 driven by the applicant, coming at a high speed from Aliganj, hit the child and after hitting the child at some distance it dashed against Chabutra of one Nawab Singh and stopped. The fleeing driver was chased and rounded up by the villagers. The child died on the spot.
4. I have heard the learned Counsel for the applicants as well as the learned Counsel for the State.
5. The learned Counsel for the applicant pointed to several informities and discrepancies which according to him the judgments of the Courts below bristle with. On being pressed to probe into the facts and circumstances in so far as case on merit is concerned, after scanning the evidence and the facts, and circumstances on record and upon a conspectus of the submissions advanced by the learned Counsel I feel that orrmerit no case for interference is made out. I may observe, that the findings arrived at by the Courts below are fortified by cogent and convincing reasons. The evidence of the witnesses examined in this case vis-a-vis the infirmities pointed out by the learned Counsel for the applicant, is above reproach and suspicion and does not appear to be suffering from any incompetence. In the instant case, a child aged only 3 years has been crushed to death by rash and negligent driving. I fully concur with the findings of the Courts below that the prosecution has been able to establish the guilt of the applicant.
6. It is ultimately contended by the learned Counsel that the incident in the instant base relates to the year 1982 and the time lag involved since the date of incident does not lend any justification to the applicant's being sent to the prison in order to serve out the sentences of imprisonment awarded by the Courts below. It is further submitted that if the applicant is sent to jail to serve out the sentences of imprisonment, it would land the applicant and his family members in lurch. I have bestowed my anxious consideration to this aspect of the matter. Upon a consideration, I am also of the view that the applicant be dealt with leniently in this state of affairs. In this view of the matter I propose to sentence the applicant to pay a fine of Rs. 2500/- and the period of imprisonment already undergone by him. The applicant has been in jail for 25 days.
7. In the result the revision is partly allowed. The conviction recorded against the applicant under the aforesaid sections is affirmed. However the applicant is sentenced to pay a fine of Rs. 2, 500/- and the period of imprisonment already undergone by him. The applicant is granted three months' time to pay the fine. In default, the applicant shall undergo R.I. for six months. Out of the amount of fine a sum of Rs. 2, 000/- shall be disbursed to the mother of child Afsar Ali, daughter of Dafedar and the remaining sum shall go to the state Exchequer. In the event, the mother of the victim may not be alive, her heirs shall be considered by the C.J.M. for disbursement of compensation amount.
8. Office is directed to act in the light of the directions contained in the body of the above judgment