ATUL KUMAR GERA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this petition the petitioner has challenged the judgements of the learned trial Court as also the appellate Court, by which he has been convicted for the commission of offences punishable under Sections 304-A and 279 IPC; and sentenced to two years' simple imprisonment, with a fine of Rs.1,000/- imposed as regards the offence punishable under Section 304-A IPC; and a punishment of imprisonment of 3 months with a fine of Rs.500/- imposed in respect of the offence punishable under Section 279 IPC; with both the sentences to run concurrently.

(2.) This Court, vide its orders dated 17.01.2018 and 05.02018, had already expressed its opinion as regards the merits of the case, observing that it found no ground to interfere in the judgments of both the Courts, as regards the conviction of the petitioner, the petitioners' car having been recovered from the spot of the accident, even though he was not found to be present there, he having "slipped away" from the spot, upon a crowd having gathered. The car in question is not denied to be that of the petitioner.

(3.) However, learned counsel had thereafter argued only on reduction of the quantum of sentence of imprisonment imposed by the Courts below, which also had been opposed by the learned State counsel, who had relied upon a judgment of the Supreme Court in 'State of Punjab vs. Saurabh Bakshi, (2015) 2 RCR(Criminal) 495', to submit that the sentence should not be reduced.