Jasbir Singh vs State of Punjab

Bakhshish Kaur, J.

Jasbir Singh petitioner was convicted and sentenced to undergo RI for two years and to pay a fine of Rs. 500/, in default to further undergo RI for three months under Section 304A IPC and to undergo RI for six months under Section 279 IPC by the learned Magistrate on October 15, 1986. The appeal preferred by the petitioner was dismissed by the learned Addl. Sessions Judge, Jalandhar on January 6, 1988.

On the fateful day petitioner was driving Bus No. PJQ1202. Kedar Nath a labourer and Gurmukh Singh were going on their cycles to the Officers'' Quarter No. P1, Suran Nussi. The allegation against the petitioner is that he was driving the bus rashly and negligently with the result it struck against the cycle of Kedar Nath. He fell down on the ground. Gurmukh Singh and another Military man who were accompanying Kedar Nath were also hit by the said bus and they were dragged up to a great extent which resulted into their death on the spot. The case was registered on the statement of Kedar Nath an eye witness.

A prima facie case under section 279/304A IPC was made out against the petitioner. He claimed trial by not pleading guilty to the charge. The learned Magistrate on the appraisal of prosecution evidence and the plea taken up by the accused found him guilty and convicted him as above. His conviction and sentence were maintained by the Appellate Court.

I have heard Sh. Harsh Kinra, learned counsel for the petitioner and Mr. I.P.S. Sidhu, learned AAG appearing on behalf of State of Punjab.

Mr. Harsh Kinra has not challenged the finding of the Court regarding conviction, but confined his arguments only on the question of sentence awarded to the petitioner. In view of this, the conviction recorded by the trial Court and affirmed by the Appellate Court is hereby sustained.

The occurrence took place about 15 years ago i.e. on May 19, 1984 and since then the petitioner has been facing agony of protracted trial. Thus a person who had already suffered the agony of lengthy trial since 1984 till today, the interest of justice demands that it is a fit case where the sentence of the petitioner should be reduced. The heirs of the deceased as stated by the learned counsel for the petitioner have also received compensation, though the said compensation is not sufficient to compensate the loss of life of persons who lost their life on account of rash and negligent act of driving on the part of the petitioner.

In the result, the sentence of two years awarded by the trial Court is hereby reduced to eight months. Sentence of fine, however, will remain the same. Petitioner shall surrender himself before C.J.M. Jalandhar within 10 days who after taking him in custody shall send him to jail to undergo the remaining portion of sentence. With this modification in the sentence, the criminal revision stands disposed of.