Heard learned counsel for the parties.
The sole appellant was convicted by the Trial Court under Section 304-A
of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for
a period of two years and to pay fine of Rupees two thousand; in default, to undergo
further imprisonment for a period of six months. On appeal being preferred, Sessions
Court upheld the conviction. Thereafter, when the matter was taken to the High
Court in revision, while upholding the conviction, the sentence of imprisonment
awarded against the appellant has been reduced from two years to one and a half
years. Hence, this appeal by special leave.
Having heard learned counsel appearing on behalf of the parties and
perused the records, we are of the view that the High Court was quite justified in
dismissing the revision application as there was no infirmity in the order passed by
the Trial Court convicting the appellant and confirmed by the appellate court.
...2/-
The appeal, accordingly, fails and the same is dismissed.
The bail bonds of the appellant, who is on bail, are cancelled and he is
directed to be taken into custody forthwith to serve out the remaining period of
sentence for which the matter shall be reported to this Court by the Trial Court
within two months from the date of receipt of copy of this order.
New Delhi, October 22, 2008.