STATE OF PUNJAB Vs. DIL BAHADUR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision Application being CRR No. 4113/2016, by which, though the High Court has upheld the conviction of respondent herein for the offence under Sec. 304A of the Indian Penal Code, however, has reduced the sentence from two years to eight months, subject to a prior deposit of Rs.25,000.00 towards compensation to be paid to family/legal heir of the deceased, the State of Punjab has preferred the present appeal.

(2.) That respondent herein - original accused was driving a Scorpio Car rashly and negligently, due to which one person died while over taking the ambulance from the left side. Because of the rash and negligent driving on the part of the respondent - accused two persons sitting in the ambulance also suffered injuries. Due to the collision, in fact, the ambulance turned turtle, which shows the manner in which the accused was driving the Scorpio with high speed. The respondent herein came to be tried for the offences under Ss. 279 and 304A of the IPC. The learned Trial Court convicted the accused for the offences under Ss. 279 and 304A of the IPC and the sentence of the accused came to be confirmed by the learned Sessions Court. The accused preferred the present revision application before the High Court. By the impugned judgment and order, though the High Court has confirmed the conviction of the accused for the offence under Sec. 304A of the IPC, however, has reduced the sentence to eight months SI subject to a prior deposit of Rs.25,000.00.

(3.) Ms. Kanika Ahuja, learned counsel appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the High Court has seriously erred in interfering with the sentence imposed by the learned Trial Court confirmed by the First Appellate Court.