VIJAY PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed against the judgment dated 22.04.2013 passed by learned Sessions Judge, Fatehgarh Sahib dismissing the appeal filed by the present petitioner -convict against the judgment of conviction and order of sentence dated 23.1.2012 passed by learned Chief Judicial Magistrate, Fatehgarh Sahib vide which the petitioner was convicted for the offences under Sections 279 and 304A of Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500, in default thereof to further undergo rigorous imprisonment for fifteen days for the offence under Section 279 IPC and to undergo rigorous imprisonment for one and half years and to pay a fine of Rs. 1000, in default thereof to further undergo rigorous imprisonment for one month for the offence under Section 304A IPC, except that the period of sentence for the offence under Section 304A IPC was reduced to one year. Briefly stated, the case of prosecution is that on 18.11.2006, Gurbax Singh, retired Panchayat Officer of Panchayat Department was going on the evening walk at about 4.45 PM from Bassi to village Kheri on the pucca road and he saw Jagir Singh (since deceased) coming from Kheri to Bassi Pathana on his cycle. When he reached near the school of Kheri, a scooter No. PB -52 -9148, which was being driven by present petitioner in a rash and negligent manner, came from Bassi side and hit against the cycle of Jagir Singh, due to which he fell down on the road and sustained injuries on various parts of his body. Injured was removed to Civil Hospital, Bassi Pathana and from there he was taken to PGI, Chandigarh, where he succumbed to the injuries.

(2.) AFTER completion of investigation, report under Section 173 of the Code of Criminal Procedure was filed against the petitioner -convict. He faced trial. He was convicted and sentenced by learned trial Court as afore -mentioned. Appeal filed by him against the judgment of conviction and order of sentence was also dismissed by learned appellate Court except that the period of sentence for the offence under Section 304A IPC was reduced to one year.

(3.) I have gone through both the judgments rendered by learned Courts below. Same are based on evidence. There is nothing as to why this Court should interfere in the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court.