JARNAIL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Revisionist-accused Jarnail Singh was convicted and sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs.500.00 for the offence under Sec. 279 of the Indian Penal Code, 1860 (in short, 'IPC"); he was convicted and sentenced to undergo rigorous imprisonment for a period of one year and six months along with a fine of Rs.9,000.00 for the offence punishable under Sec. 304A IPC, and, he was further convicted under Sec. 337 IPC and was sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs.500.00. All the sentences were directed to run concurrently. Against the judgment dtd. 18/1/2020, passed by learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No. 1968 of 2011, a Criminal Appeal (No. 38 of 2020) was filed. The said Appeal has been dismissed vide judgment dtd. 14/7/2023, passed by learned IInd Additional Sessions Judge, Udham Singh Nagar.

(2.) Heard Mr. Sandeep Kothari, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

(3.) Learned counsel for the revisionist contended that the prosecution has failed to prove the necessary ingredients of Sec. 304A IPC. Therefore, there are substantial doubts about conviction.