Manjit Singh vs State of Punjab

Ram Chand Gupta, J.—The present revision petition has been filed against the judgment dated 19.09.2012 passed by learned Additional Sessions Judge, Ferozepur dismissing appeal filed against the judgment of conviction and order of sentence dated 02.02.2011 passed by learned Sub Divisional Judicial Magistrate, Zira vide which petitioner-accused was convicted for the offences under Sections 304-A, 279 and 337 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one and half years besides lesser sentences for other offences. Briefly stated, case of the prosecution is that on 06.08.2013 at about 1.30 PM, complainant alongwith Buta Singh was coming to their village on their scooter. Gurpreet Singh @ Gora was also coming alongwith his wife and son on their scooter No. PB-47-8829. They were at a distance of 10/12 karams from the complainant. When he crossed village Shekhwan, then a Maruti car of white colour bearing No. PB-10H-6172 which was being driven by its driver at a high speed rashly and negligently came from the opposite side. Driver of the car could not control it and struck against the scooter driven by Gurpreet Singh. As a result of the accident, Gurpreet Singh alongwith his wife and son fell on the ground and received serious injuries. Even driver of the car Manjeet Singh also sustained injuries. All the injured were taken to Civil Hospital, Zira and thereafter, they were referred to Moga. Later on Sukhdeep Kaur succumbed to the injuries.

Petitioner-convict faced trial and he was convicted and sentenced as afore-mentioned. Appeal filed by him against the said judgment of conviction and order of sentence was also dismissed.

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 so far as the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court is concerned. However, he confined his prayer qua the quantum of sentence. Hence, notice of motion was issued qua quantum of sentence only.

It has been contended by learned counsel for the petitioner-convict that he is not a previous convict and that he has been facing trial for the last about ten years. It is further contended that he is the only bread winner of the family and already undergone more than nine months of the sentence.

Taking into consideration these facts, I am of the view that the petitioner-convict deserves some leniency in the matter of sentence. The present petition is partly accepted. While affirming the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court, the order of sentence is modified to the extent that period of rigorous imprisonment is reduced from one and half years to one year for the offence u/s 304-A of IPC, while maintaining the other sentences. Disposed of accordingly.