RAKESH MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition has been filed against the judgment dtd. 28/8/2018 passed by learned Additional Sessions Judge, Gurdaspur, whereby the judgment of conviction dtd. 14/3/2017 passed by the learned Additional Chief Judicial Magistrate, Gurdaspur has been affirmed for the commission of offence under Sec. 304-A IPC. The petitioner was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of '2000/- and in default of payment of fine, to further undergo RI for three months, vide order of sentence of even date.

(2.) The present case was registered at the instance of Buta Singh on the allegations that his elder daughter Mandeep Kaur and his younger daughter Jasdeep Kaur, alongwith his maternal grandsons namely Akashdeep Singh and Pritpal Singh, were coming from Gurdaspur to their village Sohal on scooty make Pleasure bearing registration No. PB-06-P-4621 and Jasminder Singh was following them on his motorcycle bearing registration No. PB-06-8780. At about 7.15 PM when they reached near village Babri, one truck bearing registration No. PB-05-S-8901 coming from the wrong side struck into Scooty, as a result thereof, occupants of the Scooty fell down and all the occupants received multiple injuries. Mandeep Kaur, Jasdeep Kaur and Pritpal Singh died at the spot and Akashdeep Singh was referred to Civil Hospital, Gurdaspur.

(3.) At the very outset, learned counsel for the petitioner confines his prayer to the quantum of sentence. He submits that FIR was registered on 15/6/2012 and as such the petitioner has faced the agony of trial for a considerable period. Assertion is that the petitioner has already undergone the sentence of 2 years including remissions, out of which the actual custody period is 01 year 04 months and 10 days, therefore, prays for leniency by reducing the sentence to the period already undergone by him.