COURT ON ITS OWN MOTION Vs. GURDEV SINGH

JUDGEMENT

(1.) THE respondent has concurrently been convicted by the trial and the appellate Courts under Sections 304-A and 337 of the Indian Penal Code for causing the death of five persons while driving his oil tanker No. PJN 2171 in a rash and negligent manner near Rayya Mandi on G.T. Road on May 9, 1983. Jaswinder Singh (PW1), the 6th occupant of the Flat car (No. MHU-6146) which was smashed by the respondent's tanker just proved to be lucky enough in escaping death but he did suffer some injuries as a result of that collusion. While dismissing the respondent's revision petition No. 1459 of 1986 against the said orders on November 26, 1986. I issued him a notice to show cause as to why the punishment awarded to him be not enhanced. This is how the matter is before me today.

(2.) MR . Hundal, learned Counsel appearing for the respondent urges with great amount of vehemence that the lower appellate Court has given just and sufficient reasons for reducing the sentence of imprisonment as awarded by the trial Court, from two years to one year, under Section 304-A of the Code and the facts of the case do not call for any interference in that regard. He even sought to urge that it was the driver of the car who was at fault and not the respondent. These submissions of the learned Counsel, however, do not impress me. This is how the lower appellate Court has dealt with the matter while granting some relief to the respondent in the matter of punishment :-