LAWS(P&H)-2010-3-162

DEVINDER SINGH Vs. STATE OF PUNJAB

Decided On March 09, 2010
DEVINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Devinder Singh son of Avtar Singh, a Driver of Haryana Roadways, Hisar Depot, was named as accused in case FIR No. 14 dated 10.4.1998 registered at Police Station Sadiq, under Sections 279 and 304-A IPC.

(2.) The Court of Judicial Magistrate Ist Class, Faridkot, held the petitioner guilty for an offence under Sections 279 and 304-A IPC. He was sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/-, for an offence under Section 279 IPC. In default of payment fine, to undergo further rigorous imprisonment for a period of one month. He was further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/- for an offence under Section 304-A IPC. In default of payment of fine, to undergo further rigorous imprisonment for a period of five months. Both the sentences were ordered to run concurrently.

(3.) Aggrieved against the judgment of conviction and order of sentence awarded by the Judicial Magistrate Ist Class, Faridkot, the petitioner had preferred an appeal. The lower Appellate Court upheld the conviction and maintained the sentence with slight modification to the effect that half of the amount of fine, if recovered, shall be paid to the legal heirs of deceased Niranjan Singh as compensation.