BABU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been filed under Section 401 of the Code of Criminal Procedure against the judgment dated Ist February, 1992 passed by the Sub Divisional Judicial Magistrate, Pathankot and the judgment dated 30th September 1995, passed by the learned Additional Sessions Judge, Gurdaspur. The learned Sub Divisional Judicial Magistrate by judgment dated Ist February, 1992 convicted the petitioner under Sections 279, 304A, 337 and 427 IPC and sentenced him to undergo R.I. for three months under Section 279 IPC. R.I. for 1-1/2 years and fine of Rs. 1000/- (in default of payment of fine R.I. for six months) under section 304-A IPC; R.I. for three months and pay a fine of Rs. 300/- (in default of payment of fine R.I. for two months), under section 337 IPC and R.I. for a period of one year and fine of Rs. 700/- (in default of payment of fine R.I. for six months under section 427 IPC). All the substantive sentences were to run concurrently. Against the aforesaid judgment the petitioner filed an appeal which was dismissed by the learned Additional Sessions Judge, Gurdaspur vide his judgment dated 30th September, 1995.

(2.) NOTICE of this petition was issued on 16th October 1995 but the notice was limited on the point of sentence only.

(3.) MR . Garg, learned AAG, submits that the Courts below have already taken lenient view and in this case one person lost the life and four persons were also injured.