LAWS(P&H)-2014-9-604

HARDEV SINGH @ SABHA Vs. STATE OF PUNJAB

Decided On September 30, 2014
HARDEV SINGH @ SABHA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner had faced trial in FIR No. 173/29.10.2007 registered at Police Station Sultanpur Lodhi under Sections 279 and 338 of the Indian Penal Code, 1860 ('IPC' for short). The trial Court vide judgment/order dated 9.1.2012 ordered the conviction and sentence of the petitioner under Sections 279 and 338 IPC. The appeal filed by the petitioner against the said judgment/order of his conviction and sentence was partly allowed by the appellate Court, modifying the sentence under Section 338 IPC, vide judgment dated 19.7.2014. Hence, the present revision petition by the petitioner- Hardev Singh @ Sabha.

(2.) Prosecution story, in brief, is that on 26.10.2007. Injured Goldy Sahota was travelling on Scootor No.PB-41-R-1728 along with his brother Major Singh from Sultanpur towards his village. The scooter was being driven by Major Singh, whereas, injured was sitting on pillion seat. At 7.30 p.m., a car came from the opposite direction, driven at a fast speed. On noticing that the Car was coming on the wrong side of the road, Major Singh took the scooter from the metalled portion of the road to the unmetalled portion of the road. However, the Car struck against the scooter driven by Major Singh. As a result of this, both the scooter riders suffered injuries.

(3.) After completion of investigation, challan was presented against the petitioner.