ANGREJ SINGH Vs. STATE-U T OF CHANDIGARH

JUDGEMENT

(1.) The petitioner was tried for offences under Sections 279 and 304-A IPC. Vide judgment and order dated 18.1.2003, learned Judicial Magistrate 1st Class Chandigarh convicted the petitioner under Section 279 IPC and sentenced him to undergo simple imprisonment for six months. He was also convicted under Section 304-A IPC and sentenced to undergo simple imprisonment for two years, alongwith fine of Rs.1,000/-, and in default of payment of fine, to undergo further simple imprisonment for 15 days. Both the sentences of imprisonment were ordered to run concurrently.

(2.) Aggrieved of his conviction and sentences, the petitioner filed an appeal which was allowed by the appellate Court on 8.12.2007 on the ground that the date in the charge sheet as well as statement of the accused under Section 313 Cr.P.C. was wrongly mentioned and the matter, accordingly, remitted to the trial Court to reframe the charge and to give sufficient opportunities to both the parties to lead their respective evidence. Pursuant thereto, the petitioner was charged on 11.2.2008 to which he pleaded not guilty and claimed trial. In support of its case, the prosecution examined two witnesses. The statement of the petitioner was then recorded under Section 313 Cr.P.C. However, he did not lead any evidence in defence. Vide judgment and order dated 7.9.2009, learned Judicial Magistrate 1st Class, Chandigarh convicted the petitioner for offence under Section 279 IPC and sentenced him to undergo simple imprisonment for six months. He was also convicted under Section 304-A IPC and sentenced to undergo rigorous imprisonment for two years on two counts. In addition, he was sentenced to fine which had already been paid by him at the time of conviction previously. Both the substantive sentences were ordered to run concurrently.

(3.) Not satisfied with his conviction and sentence, the petitioner filed an appeal. Vide judgment dated 4.7.2012, Additional Sessions Judge, Chandigarh upheld the conviction of the petitioner.