Babu Ram vs State of Punjab

Sat Pal, J. (Oral)

This revision petition has been filed under Section 401 of the Code of Criminal Procedure against the judgment dated Ist February, 1992 passed by the Sub Divisional Judicial Magistrate, Pathankot and the judgment dated 30th September 1995, passed by the learned Additional Sessions Judge, Gurdaspur. The learned Sub Divisional Judicial Magistrate by judgment dated Ist February, 1992 convicted the petitioner under Sections 279, 304A, 337 and 427 IPC and sentenced him to undergo R.I. for three months under Section 279 IPC. R.I. for 11/2 years and fine of Rs. 1000/ (in default of payment of fine R.I. for six months) under section 304A IPC; R.I. for three months and pay a fine of Rs. 300/ (in default of payment of fine R.I. for two months), under section 337 IPC and R.I. for a period of one year and fine of Rs. 700/ (in default of payment of fine R.I. for six months under section 427 IPC). All the substantive sentences were to run concurrently. Against the aforesaid judgment the petitioner filed an appeal which was dismissed by the learned Additional Sessions Judge, Gurdaspur vide his judgment dated 30th September, 1995.

Notice of this petition was issued on 16th October 1995 but the notice was limited on the point of sentence only.

I have heard the learned counsel for the parties and have perused the record.

Mr. Pheruman, the learned counsel for the petitioner submits that the petitioner had been facing trial for the last more than five years and this is his first conviction. He further submits that the petitioner has besides his wife, three minor children including one daughter, who is of marriageable age. He, therefore, contends that a lenient view be taken in the matter and submits that the substantive sentence awarded to the petitioner be reduced to one already undergone.

Mr. Garg, learned AAG, submits that the Courts below have already taken lenient view and in this case one person lost the life and four persons were also injured.

Keeping in view the totality of the circumstances and particularly the fact that the petitioner has not been earlier convicted and has been facing trial for the last more than five years, I am of the view that it would meet the ends of justice if the substantive sentence awarded to the petitioner under the various sections mentioned hereinabove is reduced to six months R.I. Accordingly, the substantive sentence imposed upon the petitioners is reduced to six months R.I. The sentence with regard to fine is, however, maintained.

With this modification in the substantive sentence, the revision petition is dismissed on merits.