BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried for offences under Sections 304 -A, 279, 337, 338 and 427 IPC on the allegations that on 15.10.2005 at about 7.15 AM, he had driven truck bearing registration No.RJ -13G -3941 on a public way in a manner so rash and negligent as to endanger human life and personal safety of others, as a result of which, he caused death of Sandeep Singh and grievous/simple hurts to more than a dozen of people. Vide judgment and order dated 4.12.2012, learned Sub Divisional Judicial Magistrate, Jalalabad (West) acquitted him of the charges under Sections 338 and 427 IPC. He was convicted under Section 279 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/ - and in default of the same, to undergo further rigorous imprisonment for 15 days. He was further convicted under Section 337 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/ - and in default of the same, to undergo further rigorous imprisonment for one week. He was also convicted under Section 304 -A IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,500/ - and in default of the same, to undergo further rigorous imprisonment for one month. All the sentences were ordered to run concurrently. Aggrieved of the same, the petitioner filed an appeal but remained unsuccessful as the same was dismissed by Additional Sessions Judge, Fazilka on 25.10.2013. Still not satisfied, the petitioner filed the present revision under Section 401 Cr.P.C, which came up for preliminary hearing on 19.12.2013 when after hearing counsel for the petitioner, notice was issued to the Advocate General, Punjab regarding quantum of sentence only.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner is facing the agony of criminal prosecution for the last more than eight years. He is a first offender and sole bread winner of his family. Out of the net sentence of one year imposed upon him, he has already undergone a period of 3 1/2 months. Therefore, his remaining sentence of imprisonment be set aside. Learned State counsel has opposed the prayer made on behalf of the petitioner by submitting that on account of rash and negligent driving by the petitioner, one person died and more than two dozen persons received injuries. He has, however, produced custody certificate dated 17.1.2004 as per which, the petitioner had undergone an actual period of two months and twenty three days up till that date out of the sentence of one year imposed upon him. He is also not shown to be involved in any other case.