HAPPY @ DEVINDER Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) The petitioner was convicted by the trial Court vide its judgment dated 26.03.2007 under Sections 279/337/338/304A IPC and was ordered to undergo sentence as under:- <FRM>JUDGEMENT_803_TLP&H0_2012_1.html</FRM>

(2.) The Additional Sessions Judge, vide order dated 27.09.2011 upheld the sentence under Sections 279/337/304-A IPC. However, acquitted the petitioner under Section 338 IPC. The petitioner has filed the instant revision petition challenging the aforesaid judgments of the Courts below.

(3.) Learned counsel for the petitioner has argued on the basis of judgment of this Court passed in case of Gurcharan Singh v. State of Punjab, 2009 5 RCR(Cri) 541 wherein similar circumstances for an offence under Section 304-A IPC, the sentence from one year RI was reduced to six months RI, that the sentence of the petitioner be reduced to the extent of already undergone and be acquitted as he has already undergone about six months of sentence.