SHAM RAJ Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Challenge in this Criminal Revision Petition is to the judgment dated 10.01.2014 passed by learned Additional Sessions Judge, Gurdaspur, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offences punishable under Sections 279 and 304-A, IPC, recorded by learned Addl. Chief Judicial Magistrate, Gurdaspur, was dismissed.

(2.) Vide order dated 24.02.2014, notice of motion was issued with regard to the quantum of sentence only. Learned counsel for the petitioner contends that the alleged accident had taken place on 14.04.2005. During the pendency of the appeal, the petitioner remained on bail but he did not misuse the said concession; that the petitioner has not been extended the benefit so far as conviction is concerned. However, in view of the facts and circumstances of the case, the petitioner can be extended the benefit in quantum of sentence by reducing the sentence; as per the prosecution version, Jatinder Kumar (since deceased) while riding motorcycle No. PB-06-9070 was crossing the main road and in the meantime the bus, which the petitioner was driving, arrived at the spot and both the vehicles collided with each other, whereby Jatinder Kumar (since deceased) sustained injuries; the petitioner did not run away from the spot, stopped his vehicle, came out from the vehicle and when the public gathered, he went from the spot to save himself; the petitioner is neither required nor involved in any other case. For the last more than 30 years, the petitioner was driving the commercial vehicle but no other accident had ever taken place and that the petitioner has already suffered incarceration for more than 11 months. It has also been argued that the dependents of the deceased had filed a claim petition before Learned Additional Sessions Judge, (MACT) Gurdaspur, in which adequate compensation has already been awarded to them (dependents).

(3.) Learned counsel for the State has produced affidavit dated 28.11.2014 of Superintendent of Central Jail, Gurdaspur, showing the incarceration suffered by petitioner-Sham Raj, which is taken on record. Learned counsel for the State submitted that the learned trial Court has already taken a sympathetic view so far as quantum of sentence is concerned. Therefore, no further reduction in sentence is required in the present case. On facts, learned counsel for the State has not controverted the submissions made by learned counsel for the petitioner.