MAHADEV Vs. STATE OF U.T., CHANDIGARH
LAWS(P&H)-2016-4-181
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 12,2016

MAHADEV Appellant
VERSUS
STATE OF U.T., CHANDIGARH Respondents

JUDGEMENT

Fateh Deep Singh, J. - (1.)The revisionist Mahadev who was an accused in case bearing FIR No. 234 dated 19.11.2010 under sections 279, 337, 304-A Penal Code read with section 181 of Motor Vehicles Act pertaining to Police Station Sector- 26, Chandigarh was found guilty for the offences under sections 279, 304-A Penal Code as well as section 181 of the Motor Vehicle Act by the court of learned Additional Chief Judicial Magistrate, Chandigarh through judgment dated 2.8.2014 and was sentenced to undergo rigorous imprisonment for one year and six months. The appellant challenged his conviction in appeal before the learned Additional Sessions Judge, Chandigarh vide judgment dated 3.6.2015 his appeal stood dismissed upholding judgment of conviction. It is against these concurrent findings of the courts below, the revisionist has come up in this revision before this Court.
(2.)Heard Mr. LM Gulati, Advocate, for the petitioner and Ms. Ashima Mor, APP, UT, Chandigarh for the respondent and perused the record.
(3.)Mr. L.M. Gulati, learned counsel for the petitioner-revisionist at the very onset of his submissions has taken the stand that his lone prayer is for reduction of sentence of imprisonment and has not assailed the findings of conviction. It is submitted that as per the prosecution story, on 18.11.2010 on the statement of Constable Pawan Kumar who stated that while on beat duty around 10.00 AM near the turning of St. Kabir High School, Chandigarh he came across a Honda City Car bearing registration No. CH03W-3490 being driven rashly and negligently by Mahadev convict who hit a scooter going on the road on left side resulting injuries and death of the scooterist who was subsequently identified as Sohan Lal, a male aged around 60 years.


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