Balwinder Singh vs State of Punjab

Ritu Bahri, J.—This criminal revision is against the judgment dated 20.9.2012 passed by the Additional Sessions Judge, Hoshiarpur dismissing the appeal filed by the petitioner against the order dated 18.5.2009 passed by the Addl. Chief Judicial Magistrate, Hoshiarpur, whereby the petitioner was convicted under Sections 304-A and 279 IPC and sentenced to undergo R.I. for one year with fine of Rs. 1,500/- and in default of payment of fine, to further undergo imprisonment for 15 days u/s 304-A IPC. He was also sentenced to undergo rigorous imprisonment u/s 279 IPC for six months. Both the sentences were ordered to run concurrently. Brief facts of the case are that on 31.8.2002 the complainant-Bikram Singh was returning to his village Chadial from Hoshiarpur on his scooter. One Surinder Kumar of his village was also going to Hoshiarpur side on his bicycle. At about 2.00 p.m., a bus bearing Registration No. PB07D-9265 of Azad Transport Company came from Lachowal side. It was being driven by its driver in a rash and negligent manner and he brought the bus towards wrong side and then struck the bus against the bicycle of Surinder Kumar. Due to this, Surinder Kumar fell down from the bicycle and the bus dragged him to some distance. The bus driver after leaving the bus at the spot, ran away. Surinder Kumar died at the spot. Many people of village collected at the spot. The name of driver came to know as Balwinder Singh. The accident had occurred due to rash and negligent driving of the bus driver. As prima facie case under Sections 279/304A IPC was made out against the accused and consequently FIR was lodged against the accused.

Learned counsel for the petitioner at the outset does not challenge the order of conviction but prays that the sentence qua imprisonment of the petitioner be reduced to already undergone by him as he is the first offender and is facing trial since 31.8.2002 i.e. for the last more than 10 years.

In compliance of the order dated 1.5.2013, Rs. 25,000/- has been paid to the claimant/respondent, who is present in Court and has been identified by HC Davinder Singh.

The judgments passed by both the Courts below do not require any interference and the same are upheld. However, a lenient view is taken on the quantum of sentence of the petitioner.

As per the custody certificate filed by the Superintendent, District Jail, Hoshiarpur, the petitioner has undergone 04 months and 25 days of actual imprisonment upto 13.02.2013 and till date he has undergone more than 10 months of actual imprisonment.

Accordingly, keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner.

Resultantly, the conviction of the petitioner under Sections 304-A/279 IPC is upheld and his sentence is reduced to the period already undergone by him. It is directed that the petitioner be released to the satisfaction of CJM/Duty Magistrate, Hoshiarpur. In view of the above, the petition stands disposed of.