Major Singh vs State of Punjab

Sabina, J.—Petitioner had faced the trial qua commission of offence punishable u/s 279, 338, 337, 304-A of the Indian Penal Code (''IPC'' for short) in FIR No. 45 dated 20.6.2003, registered at Police Station Banur. The Trial Court vide judgment/order dated 28.5.2010 ordered the conviction and sentence of the petitioner u/s 304-A IPC. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal. The Appellate Court vide judgment dated 8.11.2011 dismissed the appeal filed by the petitioner. Hence, the present petition by the petitioner. Learned counsel for the petitioner has submitted that petitioner has been convicted and sentenced in FIR No. 118 dated 22.5.2007 u/s 15/25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short), registered at Police Station City Rajpura. Learned counsel for the petitioner has not challenged the conviction of the petitioner u/s 304-A IPC but has submitted that sentence qua imprisonment of the petitioner be ordered to run concurrently with his sentence awarded in FIR No. 118 dated 22.5.2007 u/s 15/25 of the Act, registered at Police Station City Rajpura.

Keeping in view the fact that in FIR No. 118 dated 22.5.2007 u/s 15/25 of the Act, registered at Police Station City Rajpura, petitioner has been ordered to undergo rigorous imprisonment for 10 years, it would be just and expedient to order that sentence awarded to the petitioner in the present case shall run concurrently with his sentence in FIR No. 118 dated 22.5.2007 u/s 15/25 of the Act, registered at Police Station City Rajpura.

Accordingly, conviction of the petitioner u/s 304-A IPC is maintained. However, it is ordered that the sentence qua imprisonment awarded to the petitioner in this case shall run concurrently with his sentence qua imprisonment awarded in FIR No. 118 dated 22.5.2007 u/s 15/25 of the Act, registered at Police Station City Rajpura. Petition stands disposed of accordingly.