HARPREET SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') against the judgment dated 5.3.2014 passed by learned Additional Sessions Judge, Patiala, whereby the appeal filed against the judgment dated 12.10.2010 passed by Shri Kuldeep Singh, Sub Divisional Judicial Magistrate, Samana convicting the present revision petitioner for an offence punishable under Sections 279 and 304 -A IPC was dismissed. The learned Magistrate has sentenced the revision -petitioner to undergo rigorous imprisonment for two years and fine of Rs.500/ - and in default of fine to further undergo rigorous imprisonment for one month for offence punishable under Section 304 -A IPC and rigorous imprisonment for six months with fine of Rs.300/ - and in default of payment of fine to further undergo rigorous imprisonment of ten days for offence punishable under Section 279 IPC.

(2.) BRIEFLY stated the petitioner, who is resident of Village Badshahpur, Tehsil Samana, District Patiala, was booked in FIR No. 62 dated 26.2.2006, under Sections 279 and 304 -A IPC, registered at Police Station Samana. In the FIR, as lodged by the complainant Karnail Singh, it has been averred that on 26.2.2006 Baljit Singh son of Jasvir Singh and Joginder Singh son of Balvir singh cousin of the complainant left Dera Patwarian Azimgarh on motor -cycle bearing Registration No. PB -54 -8615 for attending the festival at Panj Mukhi Mandir, Samana. The complainant was following them along with Sucha Singh son of Raghbir Singh on a scooter. At about 2 PM when they reached near the workshop of Manku, one red coloured vehicle came from the side of Mandi Bhagwanigarh and hit with the motor -cycle of Joginder Singh. Consequently both Joginder Singh and Baljit Singh fell on the road after hitting with the bonnet of the offending vehicle. The complainant along with Sucha Singh stopped his scooter and checked up Joginder Singh. But due to the head injuries blood was oozing and he also suffered other injuries on his body. At that time he was unconscious. The complainant along with Sucha Singh also checked up aforesaid Baljit Singh, who had also suffered head injuries and blood was oozing. He was also unconscious. Resultantly, both died at the spot. The complainant noted down the registration number of the offending vehicle as CH28T -1710 Tavera, red colour. The driver of the offending vehicle came to the complainant and told his name as Harpreet Singh son of Harbans Singh, resident of Village Badshahpur i.e. the petitioner in the revision petition.

(3.) THE petitioner filed the appeal challenging the judgment of conviction and the order of sentence dated 12.10.2010 and 15.10.2010 respectively. However, the said appeal was also dismissed by learned Appellate Court, which observed that the sentence awarded by the trial Court is commensurate with the gravity of offence committed by the accused. The petitioner, who was on bail during the trial and during the pendency of the appeal was ordered to be taken into custody and sent to the jail to undergo the sentence awarded to him.