JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASWINDER Singh, the petitioner herein, was convicted by the learned Judicial Magistrate Ist Class, Nawanshahr vide impugned judgment dated 30.7.1988 under Sections 279/304-A IPC and was sentenced to undergo RI for six months for both the offences. However, both the sentences were ordered to run concurrently. The petitioner thereafter preferred an appeal against the impugned judgment of conviction and sentence and it also met the same fate. Hence, the present revision petition.

(2.) THE case of the prosecution is that on 22.6.1986, the petitioner along with Santokh Singh was going towards their fields and at about 7.30 P.M. his brother Parshotam Singh was also going towards field on bi-cycle. In the meantime, a truck bearing registration No. GTG-3541 met with an accident on the same day killing Parshotam Singh, who was on bi-cycle. The prosecution in order to prove the charge against the petitioner under Sections 279/304-A IPC had examined five witnesses.

(3.) LEARNED counsel for the petitioner has very fairly conceded that she does not want to assail the impugned judgments of both the learned Courts below on merits and instead has prayed for reduction on the quantum of sentence. She has contended that the present case relates to the year 1986. She further contended that the petitioner has undergone about one month and he is the only bread winner of the family. She further contended that after the appeal of the petitioner was dismissed by the learned trial Court on 20.9.1989, he was taken into custody and he remained in for about one month and thereafter his substantive sentence was suspended on 20.10.1989. She further contended that the petitioner is not a previous convict.