BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY filing the instant revision, the petitioner has challenged the concurrent findings of conviction recorded by both the Courts below. The trial Court convicted the petitioner under Sections 304 -A and 279 of the Indian Penal Code (IPC). The learned Appellate Court observed and rightly so that offence under Section 279 IPC was covered within the main offence under Section 304 -A IPC and, therefore, separate conviction under Section 279 IPC was not required. The sentence awarded to the petitioner to undergo rigorous imprisonment for a period of 1 year under Section 304 -A IPC was also affirmed in appeal.

(2.) WHEN the matter was listed on 23.12.2014, notice of motion to the State was issued only qua the quantum of sentence. PW -5 SI Sikander Singh was posted at Police Station Nehianwala on 29.03.2009. On that day, he received a message from Civil Hospital, Bathinda that dead body of one Balwinder Singh was lying in the mortuary. PW -5 went to Civil Hospital, Bathinda along with other police officials. PW -1 Jaswinder Singh -complainant real brother of the deceased was present in the hospital and PW -5 recorded his statement Ex. PW -1/A about the incident.

(3.) I have heard learned counsel for the petitioner, learned State counsel and also perused the judgments of the Courts below as well as the trial court record.