Harvinder Singh vs State of Punjab

Sat Pal, J. (Oral)

This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (in short ''the Code'') and in this petition it has been prayed that judgment dated 6th June, 1994 passed by the learned Judicial Magistrate Ist Class, Amritsar and judgment dated 6th April, 1995 passed by the learned Additional Sessions Judge, Amritsar, be set aside and during pendency of the petition, the petitioner be granted concession of bail.

Notice of this petition was issued to the AdvocateGeneral, Punjab on 5th June, 1995, but the notice was limited on the question of sentence only.

Briefly stated the facts of the case are that the petitioner was convicted by the learned Judicial Magistrate Ist Class, Amritsar under Sections 279 and 304A of the Indian Penal Code for his rash and negligent driving which resulted in the death of one person. The petitioner was awarded sentence for one year RI under Section 304A and two months RI under Section 279 IPC. It was further stated in the order that both the sentences shall run concurrently. Aggrieved by this order the petitioner filed an appeal which was dismissed by the learned Additional Sessions Judge, Amritsar vide his judgment dated 6th April, 1995. The present petition has been filed against the two judgments as stated hereinabove.

Mr. A.K. Kanwar, learned counsel appearing on behalf of the petitioner submits that the petitioner was taken in custody on 6th April, 1995 and has already undergone imprisonment for more than three months. He further submits that the petitioner has not been convicted on any earlier occasion and it is the first offence for which he has been punished. He also submits that the petitioner had been facing prosecution for the last more than two years. Lastly, he submits that the petitioner is 21 years old and as such lenient view may be taken in the matter and sentence awarded to the petitioner be reduced to one already undergone. In support of his submission the learned counsel placed reliance on a judgment of this Court in case of Tasleem Ahmed v. State of Punjab, 1995(1) Recent Criminal Reports 743 .

Mr. M.K. Garg, learned AAG appearing on behalf of State, however, submits that the petitioner has been found guilty for the act of rash and negligent driving which resulted into death of one person and as such there is no scope for interference in this case.

After hearing the learned counsel for the parties and in view of the submissions made by the learned counsel for the petitioner I am of the view that it is a fit case for reducing the period of sentence. Accordingly, I reduce sentence awarded to the petitioner under Section 304IPC from one year RI to four months RI. The sentence awarded to the petitioner under Section 279 IPC is, however, maintained. The criminal revision stands disposed of.

JUDGMENT accordingly.