JASPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Impugned in the present revision is the judgment dated 4.5.2016, passed by the learned Additional Sessions Judge, Bathinda, vide which in appeal filed by the complainant against the judgment of conviction and order of sentence dated 11.4.2014, passed by the learned Judicial Magistrate 1st Class, Phul, releasing the accused on probation for offences under Sections 279, 304 -A, 427 IPC, while maintaining the conviction, the order releasing the accused on probation was set aside and he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/ -, in default thereof, to further undergo rigorous imprisonment for one month under Section 304 -A IPC. He was also sentenced to undergo rigorous imprisonment for six months under Section 279 IPC. Both the sentences were ordered to run concurrently.

(2.) I have heard the learned counsel for the petitioner and have also carefully gone through the file. So far as the conviction of the accused is concerned, it was not challenged by the accused by filing an appeal. The appeal was infact filed by the complainant being aggrieved by the order of the learned Judicial Magistrate 1st Class, Phul, releasing the accused on probation.

(3.) The learned counsel for the petitioner contends that the wife of the petitioner is pregnant and, therefore, he should be released on probation or in the alternative, the sentence may be reduced.