JASVIR SINGH @ JASSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for offences under Sections 304-A, 279 and 427 IPC on the allegations that on 26.12.2007, he had driven bus bearing No.PB-02Y-9976 of Raj Transport Company at a very high speed and in a rash and negligent manner, as a result of which, the bus ran over Shamsher Singh, who received injuries and died as a result thereof. Even the cycle, which aforementioned Shamsher Singh was riding was damaged. Vide judgment and order dated 6.12.2010, Judicial Magistrate 1st Class, Patti convicted the petitioner for the aforementioned offences. He was sentenced to undergo rigorousimprisonment for six months and to pay a fine of Rs.1,000/- for theoffence under Section 279 IPC and in default thereof, to undergo rigorous imprisonment for 15 days. He was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/- for the offence under Section 304-A IPC and in default thereof, to undergo rigorous imprisonment for 15 days. He was also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.4,000/- for the offence under Section 427 IPC and in default thereof, to undergo rigorous imprisonment for 15 days. The sentences were ordered to run concurrently.

(2.) Aggrieved of his conviction and sentence, the petitioner filed an appeal, which was partly accepted by Additional Sessions Judge, Tarn Taran, who acquitted him of the charge under Section 427 IPC. His conviction and sentences for offences under Sections 279 and 304-A IPC were maintained. Both the sentences were ordered to run concurrently. Still not satisfied with his conviction and sentence, the petitioner filed the present revision under Section 401 Cr.P.C., which came up for preliminary hearing on 22.7.2013, when, after hearing counsel for the petitioner, notice was issued, limited to the question of sentence only.

(3.) Learned counsel for the petitioner has submitted that the petitioner is a first offender. He has been facing the agony of criminal prosecution for the last six years. He belongs to a poor family and is its sole bread winner. He has already undergone a period of about eight months. Therefore, substantive sentence of imprisonment of the petitioner be reduced to the one already undergone by him.