GIRDHARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried by Sub-Divisional Judicial Magistrate, Amloh for offences under Sections 279 and 304-A IPC. Vide judgment dated 9.8.2004, the petitioner was convicted under Section 279 IPC and sentenced to undergo RI for six months. He was also convicted under Section 304-A IPC and sentenced to undergo RI for two years along with fine of Rs. 1,000/-. In default of payment of fine, he was directed to undergo further RI for one month. Both the sentences were ordered to run concurrently.

(2.) AGAINST his conviction and sentence, the petitioner filed an appeal, which was dismissed by Sessions Judge, Fatehgarh Sahib on 22.11.2006, whereby his conviction and sentence as recorded by the trial Court were maintained. Hence the present revision.

(3.) LEARNED counsel for the petitioner contends that the accident in question had taken place in the year 1995. The petitioner is not a previous convict. His wife is suffering from heart disease and requires Cardio-Thoracic surgery. She has been advised double valve replacement as per the medical certificate issued by Government Medical College and Hospital, Jammu on 28.11.2006. The petitioner is the only bread-winner of the family. There is no other person, who can look-after his family and small children. Besides, legal heirs of deceased Parminder Singh have already been awarded compensation to the tune of Rs. 1,44,000/- by the Motor Accident Claims Tribunal, Fatehgarh Sahib. Also, the petitioner has been in custody for a period of more than two months. Accordingly, a prayer has been made for the release of the petitioner on probation instead of keeping him behind the bars to undergo the sentence imposed upon him.