BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner -Balwinder Singh has filed the present revision petition against judgment dated 11.10.2013 passed by the trial Court, whereby he has been convicted for offence under Sec. 304 -A IPC and sentenced to undergo rigorous imprisonment for two years along with fine of Rs. 4,000/ - and in default of payment of fine, he has been ordered to further undergo simple imprisonment for 30 days. Challenge has also been laid to judgment dated 16.4.2014 passed by learned Additional Sessions Judge, Fazilka, whereby appeal against the judgment of conviction and sentence dated 11.10.2013 passed by the trial Court has been dismissed and the sentence imposed upon the petitioner has been upheld.

(2.) On August 05, 2014, the petitioner had shown his keenness to have some settlement with the family of the deceased persons, for which, he was granted interim bail, enabling him to settle the matter with the complainant by paying more compensation and thereby strengthening his case for some relief qua the sentence.

(3.) While this revision petition was pending, the petitioner moved an application i.e. CRM -31590 -2014 for placing on record compromise dated 9.10.2014 executed between the petitioner and the family members of the deceased Bittu. As per the compromise deed, the matter was settled between the parties. The second party i.e. the complainant's side had received the compensation in a case filed by them under the Motor Vehicles Act, 1988 and had no objection to the revision petition filed by the petitioner being allowed. However, the parties had no knowledge about the whereabouts of another deceased namely Rajesh Kumar son of Balak Ram, who was from Uttar Pradesh, though efforts were being made by the petitioner to trace his family.