SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The conviction of the petitioner Subhash Chander for an offence punishable under sections 279 and 338 IPC vide judgment dated 27,05.2011 passed by learned Chief Judicial Magistrate, Sri Muktsar Sahib, upheld by learned Additional Sessions Judge, Sri Muktsar Sahib vide judgment dated 18.09.2012 has brought Subhash Chander the petitioner before this court by way of this revision petition. Briefly stated, the facts of the case are that on 28.08.2005 Balkar Singh, ASI, Police Station City Sri Muktsar Sahib received a telephonic message from Monu that on 27.08.2005 Surjit Singh had met with an accident with truck No. RJ-31G/4020 while he was going on Hero Honda motorcycle. He also told Balkar Singh, ASI that Surjit Singh was admitted in Adesh Hospital Sri Muktsar Sahib on account of his injuries. On receipt of this message, Balkar Singh, ASI alongwith other police officials went to Adesh Hospital Sri Muktsar Sahib and getting an opinion regarding fitness of Surjit Singh to make a statement, he recorded his statement. According to Surjit Singh, on 27.08.2005 at about 10.00 AM he alongwith Sudesh Arora was going on his motorcycle to Shankar Sweet shop . According to him, when they took a turn to Jalalabad road from Tibbi Sahib road bye pass, a truck bearing registration No.RJ-31G/4020 came from the side of Jalalabad in a rash and negligent manner and took a sudden turn without blowing horn and though the complainant was keeping his motorcycle on his side, the truck went out of control and had hit their motorcycle. He suffered injuries and his left foot was crushed under the truck. The truck was said to have been driven by Subhash Chander, the petitioner.

(2.) After due trial, learned Chief Judicial Magistrate,Sri Muktsar Sahib vide judgment dated 27.05.2011 held the petitioner guilty for the offence punishable under sections 279 and 338 of the Indian Penal Code. Vide order of the same date, the following sentence was awarded to the petitioner:-

(3.) Learned counsel for the petitioner did not challenge the judgments of the courts below on merits. According to him, he did not challenge the judgment of conviction of the petitioner. He has desired to be heard on the sentence part of the judgments. He has prayed for releasing the petitioner on probation of good conduct. According to him, the accident took place in the year 2005 and for the last seven years, the petitioner is suffering from the pangs of the protracted trial. According to him, the complainant Surjit Singh has already been compensated by learned Motor Accidents Claims Tribunal in a sum of Rs.3,39,340/- for the injuries he suffered in the accident. He has further submitted that there is no previous conviction to the discredit of the petitioner. According to him, the petitioner has also undergone about two months of the sentence so far and this would be sufficient punishment for him in the matter.