KISHORE CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kishore Chand, petitioner was convicted under Section 304-A of the Penal Code, vide order of Chief Judicial Magistrate Rupnagar, dated 10/12/1992 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000.00. In default of payment of fine he was further ordered to undergo rigorous imprisonment for six months. On appeal the Addl. Sessions Judge, Rupnagar, vide order dated 13/07/1993 maintained the conviction of the petitioner under Section 304-A, Penal Code, However setting aside the order of sentence, the trial court was directed to comply with the provisions of Section 248(2) of the Code of Criminal Procedure, before passing any sentence, after hearing the petitioner.

(2.) The learned counsel for the parties were heard. In the present case, the order of remand passed by the appellate court, cannot be legally sustained in view of the observation of the Lordship of the Supreme Court in Dagdu v. State of Maharashtra, AIR 1977 SC 1579 where it was observed as under :-

(3.) For the foregoing reasons, the order of appellate court for remanding the case to the trial court for hearing the petitioner on quantum of sentence to be awarded to the petitioner is set aside. The appellate court would itself hear the petitioner and after affording adequate opportunity to produce evidence in support of his case, would pass appropriate order concerning the sentence to be awarded to the petitioner, according to law. This petition is accordingly allowed. A copy of this order be sent to the appellate court for strict compliance. The petitioner through his counsel is directed to appear before the appellate court on 6-10-1993. Copy of this order be also given dasti. Petition allowed.