High Court of DelhiCRL.REV.P./137/2016

Mazhar Ali v. State (NCT Of Delhi)

2016-03-14Hon'Ble Mr. Justice P.S.Teji2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 137/2016 & Crl.M.B. No.333/2016 MAZHAR ALI ..... Petitioner Through Mr.Tarun Khanna, Adv.

versus STATE (NCT OF DELHI) ..... Respondent Through Mr.Rajat Katyal, APP for the State.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 14.03.2016 The present revision petition has been filed by the petitioner against the judgment dated 14th December, 2015 passed by learned Additional Sessions Judge-03, Karkardooma Courts, Delhi in Criminal Appeal No.44314/15 whereby the learned Additional Sessions Judge dismissed the criminal appeal filed by the petitioner against the order passed by learned Chief Metropolitan Magistrate, North East, Karkardooma Courts vide order dated 29th August, 2014 and order on sentence dated 23rd September, 2014 convicting the petitioner in a case arising out of FIR No.16/09 under Section 279/304-A of Indian Penal Code registered in Police Station Karawal Nagar and awarding sentence to undergo rigorous imprisonment for a period of six months for the offence under Section 279 of IPC and six months for the offence under Section 304-A IPC and further

petitioner has been ordered to pay compensation of Rs.50,000/- to the legal representative of the deceased and in default of payment of compensation, the petitioner shall further undergo simple imprisonment for six months.

During the course of arguments, learned counsel for the petitioner has submitted that the petitioner has already deposited the amount of compensation awarded and seeks reduction in the period of sentence.

I have heard learned counsel for the parties at length and gone through the available records. I am of the considered opinion that the order passed by the learned CMM is upheld with the modification in the direction of sentence of imprisonment under Section 279 IPC from six months to five months and Section 304-A IPC from six months to five months.

With the above modification in the order of sentence, the present revision petition and application are disposed of. P.S.TEJI, J MARCH 14, 2016 aa