(1.) The present revision petition has been filed against judgment dated 16.03.2012 rendered by learned Additional Sessions Judge (Fast Track Court), Bathinda dismissing appeal filed by present petitioner against judgment of conviction and order of sentence dated 02.12.2010 passed by learned Judicial Magistrate First Class, Talwandi Sabo in FIR no. 100 dated 18.10.2008, under Sections 304A/279 IPC, registered at police station Maur vide which petitioner was convicted for offence under Section 304A IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month.
(2.) I have heard learned counsel for the parties and have gone through both the judgments rendered by learned courts below. Notice of motion in this case was issued by coordinate Bench of this Court regarding quantum of sentence only. It is also contended by learned counsel for the petitioner that he does not want to press this revision petition so far as judgment of conviction as passed by learned trial court and as affirmed by learned appellate court is concerned. However, he contended that petitioner-accused deserves some leniency in the quantum of sentence as maximum imprisonment provided for the offence has been imposed upon him.
(3.) Briefly stated, case of prosecution is that on 18.10.2008 at about 2.15 PM, complainant alongwith Tarsem Chand was present near Fatak Mal Godam when truck bearing registration no. HR 38-BG-5133 being driven by present petitioner-accused in a very rash and negligent manner came from the side of Fatak Maur Mandi and hit against Activa scooter bearing registration no. CH-04A-2952 being driven by Dinesh Kumar due to which he came under the rear tyre of the truck and sustained multiple injuries. He succumbed to the injuries at the spot. Petitioner was already known to the complainant. After completion of investigation, report under Section 173 Cr.P.C. was filed against petitioner-accused, who faced trial. Learned trial court came to the conclusion that prosecution has been able to prove the case against petitioner-accused beyond the shadow of reasonable doubt. Hence, he was convicted under Section 304A IPC and sentenced as aforementioned. Appeal filed by petitioner-accused against the said judgment was also dismissed by learned Additional Sessions Judge (Fast Track Court), Bathinda.