LAWS(P&H)-2015-9-103

SATISH Vs. STATE OF HARYANA AND ORS.

Decided On September 19, 2015
SATISH Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) PETITIONER Satish son of Bachchu Singh, resident of Village Kanwarka, Police Station Kosi Kalan, District Mathura (U.P.) has filed the present revision petition challenging the judgment dated 1.6.2015 passed by learned Additional Sessions Judge, Palwal, whereby appeal preferred by the petitioner against the judgment of conviction dated 18.12.2012 and order of sentence dated 19.12.2012 passed by learned Sub Divisional Judicial Magistrate, Hodal was dismissed. FIR No. 285 dated 19.10.2006, under Sections 279, 337, 338 and 304 -A IPC was registered against the petitioner by Police Station Hodal, Palwal.

(2.) LEARNED trial Court vide judgment dated 19.12.2012 sentenced the petitioner to undergo simple imprisonment for three months for commission of offence under Section 279 IPC along with a fine of Rs. 250/ -. In default of payment of which, accused shall suffer simple imprisonment for a period of 15 days, whereas accused was also sentenced to one year simple imprisonment for commission of offence under Section 304 -A IPC alongwith fine of Rs. 250/ - and in default of payment of which he was ordered to suffer simple imprisonment for a period of two months. However, the sentences were ordered to run concurrently.

(3.) THE police conducted investigation, submitted challan and copy of the same supplied to the accused as provided under Section 207 Cr.P.C. Finding a prima facie case under Sections 279 and 304 -A IPC, accused was charge -sheeted on 3.3.2007. Since the accused pleaded not guilty, the trial was conducted. On the basis of the evidence, the trial Court vide judgment dated 18.12.2012 convicted the petitioner and vide order dated 19.12.2012 sentenced him for the aforesaid offences.