GULZAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition is seeking quashing of order dtd. 12/10/2018 whereby learned Sessions Judge, Sirsa though has set aside conviction under Sec. 338 of IPC, yet upheld the conviction of 3 months awarded under Sec. 279 and 337 by learned JMIC, Ellenabad vide judgment and order dtd. 10/3/2017.

(2.) The brief facts necessary for the adjudication of present petition and which are emanating from the record are that the applicantpetitioner Gulzar Singh is bus driver and on 6/7/2013 he was on duty and driving a bus bearing Registration No.HR-57-4526. The petitioner lost control over the bus and it slipped into fields and hit a tree. As a result of accident, passengers got injured and Paramjit Kaur was one of them. She made a statement to the police that driver was driving the bus at a high speed and despite repeated warning from the passengers he did not slow down which resulted into accident. On the basis of statement of complainant, an FIR was registered under Ss. 279, 337 and 338 of IPC. The police after completing investigation filed its final report under Sec. 173 Cr.P.C. The matter came up for consideration before learned JMIC, Ellenabad who vide order dtd. 10/3/2017 convicted the petitioner and sentenced him to undergo rigorous imprisonment for a period of 03 months and to pay a fine of Rs.1,000.00 under Sec. 279 IPC; rigorous imprisonment for a period of 03 months and to pay a fine of Rs.500.00 under Sec. 337 IPC and rigorous imprisonment for a period of 06 months and to pay a fine of Rs.1000.00 under Sec. 338 IPC and in default of payment of fine to further undergo simple imprisonment for a period of 01 month. Assailing the aforesaid judgment of conviction and order of sentence, the applicant-petitioner preferred an appeal which was partly allowed to the extent that judgment of conviction and order of sentence under Sec. 338 IPC was set aside whereas judgment of conviction and order of sentence under Ss. 279 and 337 IPC was maintained, vide judgment dtd. 12/10/2018, passed by the learned Sessions Judge, Sirsa.

(3.) Leaned Counsel for the petitioner submits that he does not want to primarily press on merits, however, prays that period of sentence may be reduced from sentenced awarded to sentence undergone. The petitioner is sole earning member of the family and having two minor children and all the family members are solely dependent upon him. The petitioner is neither previous convict nor offender and he has never misused the concession of bail. The fine imposed by the learned Trial Court has already been paid. The petitioner is facing agony of trial Since 2013.