Balwinder Singh vs State of Punjab

Mehtab S. Gill, J.

Through this Criminal Revision, the petitioner calls in question the judgment dated October 31, 1986 passed by Judicial Magistrate Ist Class, Jalandhar whereby he was convicted for offences under Sections 279/304A of the Indian Penal Code and sentenced to undergo six months rigorous imprisonment under section 279 I.P.C. and one year rigorous imprisonment and to pay a fine of Rs. 500/ and in default of payment of fine, to further undergo six months rigorous imprisonment under Section 304A I.P.C. and that of Additional Sessions Judge, Jalandhar dated July 23, 1988 whereby his appeal was dismissed with the modification that his sentence under Section 304A I.P.C. was altered to six months and the amount of fine was enhanced to Rs. 1,000/ and in default of payment of fine, he was ordered to undergo two months rigorous imprisonment.

No one has appeared to make endeavours to convince me to disbelieve the statements of prosecution witnesses. I have myself scrutinised the evidence and the judgments of the Courts below and find no infirmity in the same. I am of the considered view that the conviction of the the appellant is impeccable. Therefore, the same is confirmed.

In the matter of sentence, I feel that the appellants may be dealt with leniency, as the present incident had happened in the year 1984 and about 15 years have elapsed since then. During all these years, the appellant is suffering. Therefore, I reduce the substantive sentences of the appellant on both the counts to the one already undergone by him. However, the sentence of fine shall remain unaltered.

The Criminal Revision stands disposed of in the manner indicated above.

The appellant shall stand discharged from bail bonds and surety bonds, if any.

JUDGMENT accordingly.