CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Charanjit Singh has filed this criminal revision against the judgment dated 14.2.1991, passed by Sessions Judge, Kapurthala, vide which the judgment and order dated 30.1.1990 passed by Judicial Magistrate, Ist Class, Kapurthala, convicting and sentencing the petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/- under Section 304-A IPC, was upheld.

(2.) IN this case, one Nasib Kaur, aged about 35 years, wife of the complainant, died in a road accident, which took place on 17.6.1988 due to the rash and negligent driving of the petitioner. At the time of the accident, the deceased was going on road when she was hit by the tempo, a four wheeler, being driven by the petitioner. She was dragged for some distance. When she was being taken to Hospital, she died on the way.

(3.) BEFORE the appellate court, the appellant did not challenge his conviction. However, the appeal was argued only on the point of quantum of sentence. A prayer was made that the petitioner should be given the benefit of probation being the first offender and of young age. This prayer of the petitioner was rejected by the appellate court, in view of the law laid down by the Hon'ble Apex court in Rattan Singh v. State of Punjab, (sic) 1980 Supreme Court 84, while observing has under :-