CHANDER SHEKHAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Chander Shekhar had been convicted by the Sub Divisional Judicial Magistrate, Abohar, under sections 279, 337, 338 and 426 IPC IPC and was sentenced to undergo imprisonment as under: - <FRM>JUDGEMENT_318_LAWS(P&H)5_2015.htm</FRM> The petitioner preferred appeal against the judgment of his conviction/sentence, which was dismissed by Additional Sessions Judge, Fazilka, vide judgment dated 7.3.2015. Feeling aggrieved against the judgments of both the courts below, the petitioner has approached this court through the instant Criminal Revision.

(2.) LEARNED counsel for the petitioner at the outset states that he is limiting his prayer only to the extent of reduction in the sentence awarded and does not assail the judgment of conviction. He states that he is conscious that scope in the revision is very limited as evidence of the witnesses cannot be re -appreciated or re -evaluated. Learned State counsel, on the other hand submits that in case conviction of petitioner is maintained, the court may reduce the sentence as deemed appropriate in the circumstances of the case.

(3.) I have heard learned counsel for both the sides. Briefly, the prosecution case runs thus: On the night intervening 15/16.08.2008, on receipt of an information regarding an accident, police of Police Station Khuian Sarwar reached Civil Hospital, Sri Ganganagar. However, at that time the doctor declared the injured unfit to make statement. On 17.8.2008, the investigating officer again went to Anchal Hospital, Sri Ganganagar to record statement of injured where injured Sushil Kumar son of Kasturi Lal made his statement to the effect that on the intervening night of 15/16.8.2008, he alongwith his brother -in -law Raj Kumar was coming from Abohar to Ganganagar in Alto car No.RJ07TC -3445. When they reached 11/2 KM behind village Kaller Khera, one truck bearing No.RJ13GA -0033 came from opposite side, which was being driven in a rash and negligent manner and without blowing horn or using dipper, struck the same into their car, as a result of which complainant received injuries on his right leg, right shoulder, right eye and Raj Kumar sustained injuries above his both legs on his hip, face, forehead and right arm. Due to the said accident, leg of the complainant got fractured and both hip joints of his brother -in -law namely, Raj Kumar were also affected. Name of the truck driver was later on known as Chander Shekhar (appellant herein). After providing first aid, the injured persons were admitted to Civil Hospital, Sri Ganganagar from where they were taken to Anchal Hospital, Sri Ganganagar. On this statement, FIR was registered by the police. After completion of investigation, challan against the accused was presented in the trial court.