IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 57 OF 2007 EUTUMIO D'SOUZA ... Petitioner Versus STATE OF GOA THROUGH POLICE INSPECTOR ... Respondent Mr. S.D. Lotlikar, Senior Counsel with Mr.J. Godinho, Advocate for the petitioner. Mr. C.A. Ferreira, P.P. for the State. Coram:- D. B. BHOSALE, J. Date:- 17th January, 2008 P.C. Heard Mr. Lotlikar,learned Senior Counsel for the petitioner and Mr. C.A.Ferreira, learned Public Prosecutor for the State. This appeal is directed against the order of conviction passed by the trial Court and confirmed by the Appellate Court for the offence punishable U/s.379,337,338 and 304-A of Indian Penal Code. The maximum punishment is U/s.304-A of Indian Penal Code directing the petitioner to undergo Simple Imprisonment for a period of one year and to pay the fine of Rs.10,000/-, in default to undergo Simple Imprisonment for a period of 6 months. The punishment awarded U/s.379 is 6 months while U/s.337 & 338 it is 3 months. Mr. Lotlikar, on instructions from the petitioner, who is present in the Court, does not press this revision application on merits and submits that the petitioner would be satisfied if the amount of fine is increased and the sentence is reduced by maintaining the order of conviction. He submitted that the petitioner is hardly 40 years old having a wife and two minor daughters and old mother and that he is the only earning male member in the family and,therefore, an indulgence, as prayed, may be shown to him. The learned Public Prosecutor did not consent for the reduction of the sentence and submitted that the order of the sentence of imprisonment be maintained. He then submitted that if the prayer made by the petitioner is allowed the fine amount, if paid, it may be directed to be paid to respondent Nos. 2 & 3 by way of compensation. I perused the judgment and other material placed before this Court. Having considered the overall facts and circumstances of the case and the submissions of the learned Counsel for the petitioner, I am satisfied that the following order shall meet the ends of justice. a) The Revision application is partly allowed. b) The order of conviction stands confirmed. c) Insofar as the sentence to undergo Simple Imprisonment for a period of one year U/s.304-A of Indian Penal Code is concerned, it stands reduced to 6 months and the sentence to pay fine of Rs.10,000/- is enhanced to Rs.60,000/- and in default of payment of fine to undergo imprisonment for a further period of 6 months. The fine amount of Rs.10,000/-, if has been paid already, the petitioner to pay the balance before expiry of the period of six month's substantial sentence. d) Fine amount, if recovered from the accused shall be paid to respondent Nos. 2 & 3 of Rs.30,000/- each through I.O. e) The petitioner is allowed to surrender within three weeks from today. f) It is needless to mention that all the sentences to run concurrently. With these observations, the revision application is disposed of. D. B. BHOSALE, J. SMA