KEHAR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-7-469
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 29,2013

KEHAR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Ram Chand Gupta, J. - (1.)THE present revision petition has been filed against the judgment dated 17.04.2013 passed by learned Sessions Judge, Ferozepur dismissing the appeal filed by petitioner -convict against the judgment of conviction and order of sentence dated 17.05.2011 passed by learned Chief Judicial Magistrate, Ferozepur, convicting the present petitioner for the offence under Section 304 -A of Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one and half years and to pay a fine of Rs. 3000 and in default of payment of fine to further undergo rigorous imprisonment for a period of four months. Briefly stated, the case of the prosecution is that on 08.09.2005 at about 6.30 am, complainant alongwith his brother Ram Parsad (deceased) and their co -villager Vadahi Mukhia was coming towards Ferozepur city from the side of rice sheller. They were about 20 karams behind the truck union, when a motorcyclist came riding on a motorcycle make 'Hero Honda' bearing registration No. PB -22 -3084. He was Kehar Singh, present petitioner -convict. He was driving his motorcycle in a very rash and negligent manner. He could not control his motorcycle and hit Ram Parsad, brother of the complainant from behind. Ram Parsad fell down and sustained injuries. Later on he succumbed to the injuries on the way to the hospital.
(2.)AFTER completion of investigation, report under Section 173 of the Code of Criminal Procedure was filed against the petitioner -convict. He faced trial. He was convicted and sentenced by learned trial Court as afore -mentioned. Appeal filed by him against the judgment of conviction and order of sentence was also dismissed by learned appellate Court.
It was contended by learned counsel for the petitioner -convict at the time of issuing notice of motion that he did not want to press the present revision petition so far as the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court is concerned. However, he contended that petitioner -convict deserves some leniency in the quantum of sentence. Hence, notice of motion was issued qua quantum of sentence only.

(3.)I have gone through both the judgments rendered by learned Courts below. Same are based on evidence and there is nothing as to why this Court should interfere in the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court.


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