High Court reduced sentence in conviction for rash driving causing death, enhanced fine for compensation, and directed deposit to victim's legal representative to meet ends of justice.
Sentence reduced to time already undergone; fine increased to Rs. 40,000 for compensation to victim's legal representatives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Criminal Writ Petition No. 315/2016
Prithvi Raj @ Prithvi Singh son of Shri Ajay Singh by caste Rawat, resident of Kesarpura, P.S. Mangaliyawas, Distt. Ajmer through his brother Sultan Singh S/o Shri Ajay Singh by caste Rawat, aged 32 years, resident of Kesharpura, P.S. Mangaliyawas, Distt. Ajmer
(Accused-Petitioner presently confined in Central Jail, Ajmer)
....Accused/Petitioner
VERSUS
State of Rajasthan through Public Prosecutor.
.....Non-petitioner
DATE OF ORDER ::: 03rd November, 2016
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Mr. Ashvin Garg for petitioner. Mr. RS Raghav, Deputy Government Advocate.
2 years to 6 months for offence under Section 304-A IPC.
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claimed for trial. To substantiate the charges prosecution examined PW 1 Madan Singh Rawat, PW 2 Mohan Singh, PW 3 Gopal Singh complainant, PW 4 Ladu Singh, PW 5 Nemi Chand, PW 6 Gopal Singh S/o Phool Singh and PW 7 Bhanwar Lal Sharma and also proved 12 documents. Petitioner/accused was examined under Section 313 Cr.P.C. wherein he stated that prosecution evidence is false, however, no defence evidence was adduced by the petitioner/accused.
follows :-
| Offence | Sentence awarded by Trial Court |
|---|---|
| 279 IPC | 6 months S.I. & fine of Rs. 1000/- in default of payment of fine to further undergo S.I. For one month. |
| 304A IPC | 2 years S.I. & fine of Rs. 1000/- in default of payment of fine to further undergo S.I. For one month. |
5. Against the judgment of conviction & order of
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sentence passed by the Learned Trial Court petitioner/accused preferred appeal. The same was heard and decided by Learned Additional Sessions Judge No. 4, Ajmer who partly allowed the appeal and while maintaining the conviction for offence under Section 279 and 304-A IPC reduced the sentence as follows vide
impugned judgment dated 30.06.2016 (Annexure-2).
| Offence | Sentence modified by Appellate Court |
Sentence awarded by Trial Court |
|---|---|---|
| 279 IPC | 3 months S.I. & fine of Rs. 1000/- in default of payment of fine to further undergo S.I. For 7 days. |
6 months S.I. & fine of Rs. 1000/- in default of payment of fine to further undergo S.I. For one month. |
| 304A IPC | 6 months S.I. & fine of Rs. 1000/- in default of payment of fine to further undergo S.I. For 15 days. |
2 years S.I. & fine of Rs. 1000/- in default of payment of fine to further undergo S.I. For one month. |
5 challenging the conviction of petitioner/accused. He submits that the incident took place on 02.02.2004 and since last 12 years petitioner is facing agony of protracted trial of this case and he is in custody since 30.06.2016, and he has served sentence for more than 4 months and maximum sentence awarded is 6 months. He submits that petitioner is ready to compensate the victim/victims therefore while enhancing the fine amount which can be paid to victims as compensation, the sentence of petitioner may be reduced.
State of Rajasthan reported in 2013 (2) RLW 1845 (Raj.).
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Rajasthan (supra) this Court considering the fact that petitioner had undergone a protracted trial for more than 29 years and also suffered trauma of protracted trial, looking to overall facts and circumstances of the case, to meet ends of justice reduced the sentence as already undergone and fine amount was enhanced from Rs. 3,500/- to Rs. 40,000/- .
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Petition shall be treated as dismissed.
Appellate Court be sent back with the copy of this order forthwith.
[BANWARI LAL SHARMA], J.
charu/30.
1 issue framed by the court
Whether the sentence of the petitioner/accused convicted under Sections 279 and 304-A IPC should be reduced in light of protracted trial and time served.
Colour shows how this judgement treated each authority
Kamla Prasad Vs State of RajasthanFollowed¶36
Kamla Prasad Vs State of Rajasthan reported in 2013 (2) RLW 1845 (Raj.)
Prithvi Raj @ Prithvi Singh
State of Rajasthan
BANWARI LAL SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
