BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On account of rash and negligent act of driving on the part of Babu Singh petitioner the accident took place which resulted into the death of Rajinder Singh and Naib Singh who were going on motor-cycle. The truck driven by the petitioner hit against the motor-cycle. Both had succumbed to the injuries at the spot. Consequently, petitioner was tried for the offence complained of under section 279/304-A, Indian Penal Code.

(2.) At the close of the trial he was convicted and sentenced to undergo rigorous imprisonment for three months and to pay fine of Rs. 500.00 under section 279 Indian Penal Code. In default of payment of fine to further undergo rigorous imprisonment for one month. He was sentenced to undergo rigorous imprisonment for 11/2 year and to pay fine of Rs. 500.00 under section 304-A, Indian Penal Code. In default of payment of fine to further undergo rigorous imprisonment for three months.

(3.) The occurrence took place on March 27, 1994. The learned counsel for the petitioner stated that there is nothing to say in respect of conviction recorded by the trial Court but he simply argued on the question of sentence awarded by the Court on the ground that petitioner was only 27 years old at the time of incident. He has a family to support.