BHURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for the offences under Sections 279 and 304-A IPC on the allegations that on 21.2.2007 at about 8.00 a.m., he had driven his tractor trolley at a very high speed and in a rash and negligent manner and as a result thereof, the tractor trolley struck Daljit Singh, who received the injuries and later on was taken to Adesh Hospital, Sri Muktsar Sahib for treatment where he was declared dead. Vide judgment and order dated 12.2.2013, learned Chief Judicial Magistrate, Sri Muktsar Sahib convicted the petitioner for the aforementioned offences and awarded him rigorous imprisonment for six months for the offence under Section 279 IPC and rigorous imprisonment for two years and a fine of Rs.5,000/- under Section 304-A IPC. Both the sentences were ordered to run concurrently. Aggrieved of his conviction and sentence, the petitioner filed an appeal. Vide judgment dated 27.5.2013, learned Sessions Judge, Sri Muktsar Sahib maintained the conviction and sentence of the petitioner under Section 279 IPC. The conviction of the petitioner under Section 304-A IPC and the sentence of fine were maintained but his sentence of imprisonment was reduced to that of rigorous imprisonment for one year. Still not satisfied, the petitioner filed the present petition which came up for preliminary hearing on 29.8.2013 when learned counsel for the petitioner stated that the petitioner did not want to challenge his conviction.

(2.) Accordingly, notice was issued to the State of Punjab so as to consider the quantum of sentence.

(3.) Learned counsel for the petitioner has submitted that the petitioner is a first offender and aged about 27/28 years. He belongs to a very poor family. He is unmarried and facing the agony of criminal proceedings since February 2007. It is also submitted that the legal heirs of the deceased have been awarded an amount of Rs. 2,74,000/- as compensation by the Motor Accidents Claims Tribunal. Further, the petitioner has already undergone an actual period of more than four months out of the sentence of one year imposed upon him. Therefore, the petitioner may be released on probation.