LAWS(P&H)-2014-12-459

KANWALJIT SINGH Vs. STATE OF PUNJAB

Decided On December 17, 2014
KANWALJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This criminal revision petition has been filed under Section 401 Cr.P.C. challenging the impugned judgment dated 4.10.2014 passed by learned Sessions Judge, Ferozepur, whereby the appeal filed by the petitioner against the impugned judgment of conviction and order of sentence dated 12.11.2013 passed by the learned Judicial Magistrate Ist Class, Ferozepur, convicting the petitioner for the offences under Sections 304-A, 279 and 427 IPC and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default of payment to further undergo simple imprisonment for one month for the offence under Section 304-A IPC; rigorous imprisonment for six months for the offence under Section 279 IPC and rigorous imprisonment for one year for the offence under Section 427 IPC, has been dismissed.

(2.) It is mainly stated in the revision petition that the Courts below have erred gravely while passing and upholding the impugned order of sentence dated 12.11.2013 passed by the learned Judicial Magistrate Ist Class, Ferozepur and also the impugned judgment dated 4.10.2014 passed by the learned Sessions Judge, Ferozepur in Criminal Appeal No.50 dated 10.12.2013, wherein the petitioner has been sentenced to undergo rigorous imprisonment as mentioned above. It is also stated that the learned Courts below have gravely erred in convicting and sentencing the petitioner.

(3.) From the record, I find that both the Courts below have given concurrent findings regarding the conviction and sentence of the petitioner. This is a revision petition and in the revision petition the Court is not to re-appreciate the evidence like the Court of appeal. The petitioner is to show the illegality committed by the Courts below or that the judgments passed by the Courts below are perverse i.e. against the evidence or some material evidence has not been discussed in right perspective or some material evidence has been misread by the Court. As per the prosecution version, the FIR has been registered on the statement of Pawan Kumar. As per the prosecution version, the accused-petitioner is driver of the private bus bearing registration No.PB- 02K-9913 and he by driving rashly and negligently struck the bus with the Bolero vehicle from the front side. Sister of the complainant, namely, Sulochana, niece Nishu and driver Kapoor Singh died at the spot. Other passengers sitting in the Bolero also received several injuries. It is also the allegations that the accused-petitioner also hit a Government bus and then fled away from the spot.