Punjab-Haryana High Court
Gurmit Singh vs State Of Punjab on 30 May, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
CRR No.1376 of 2012 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA
AT CHANDIGARH
CRR No.1376 of 2012
Date of decision:30.05.2012
Gurmit Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE Ms. JUSTICE RITU BAHRI
Present: Mr.J.S.Thind, Advocate,
for the petitioner.
Mr. Rajender Mathur, AAG, Punjab.
RITU BAHRI, J. (Oral)
The present revision petition is directed against the judgment dated 8.6.2012 passed by the learned Sessions Judge, Ferozepur dismissing the appeal against the judgment and order dated 1.6.2011 passed by the Judicial Magistrate Ist Class, Zira.
The brief facts as mentioned in para 2 of the judgment of trial Court are as under:-
"...on 14.12.04 a quest was received from Kalra Hospital Makhu in Police Station Makhu that Parminder Singh son of Amrik Singh resident of Barkandi and Ranbir Kaur daughter of Bhagwan Singh resident of Barkandi, P.S.Sadar, Muktsar District Muktsar had been admitted in the hospital due to sustaining of injuries. This information was given to ASI Gurprit Singh Incharge Police Post Jogewala to take action. On receiving it, ASI Gurpreet CRR No.1376 of 2012 2 Singh along with other police officials went to Kalra Hospital Makhu and sought the opinion from doctor regarding fitness of injured to make the statement then recorded the statement of Parminder Singh son of Amrik Singh, resident of Barkandi. He stated that he is agriculturist by profession. On 9.12.04 he had gone to attend the marriage ceremony of Inderjit Singh cousin brother of his wife Sharanjit Kaur at village Mastgarh. On 14.12.04 after attending the marriage ceremony of Inderjit singh he alongwith his wife Sharanjit Kaur @ Neru, Sarabjit Kaur wife of Bhagwan Singh aunt of his wife, her daughter in law Kulwinder Kaur wife of Mandip Singh & Ranbir Kaur cousin of his wife were coming back on his car bearing No.DL-5CA-2588 driven by him. When they reached about 1 KM near Bus Stand Killa Bodia it was about 3.15/3.30 P.M. when from Zira side a bus PRTC, AF(2) of Bathinda Depot going from Bathinda to Makhu- Jalandhar in a rash & negligent manner came and struck against car of complainant and due to which complainant, his wife, Ranbir Kaur cousin of her wife received injuries. The conductor & bus driver fled away from the spot after leaving the bus. He did not know the name of Bus driver, he can identify him whenever he came in his presence. The people admitted them in Kalra Hospital Makhu where they were medically treated. Ranbir Kaur his wife's cousin died. The accident occurred due to rash & negligent CRR No.1376 of 2012 3 driving of the driver. He put his signatures in English after admitting the same to be correct."
On the basis of above statement, a case under Section 304-A/279/337/338/427 of IPC was registered.
After completion of investigation, challan was presented in the Court. The accused was charge sheeted under Sections 279/304-A/338/337 of IPC to which he pleaded not guilty and claimed trial.
After going through the entire evidence, the trial Court came to the conclusion that the prosecution has fully proved its case against the accused. Accordingly, the trial Court convicted the petitioner and sentenced to him in the following terms:-
Under Section Imprisonment Fine 279 IPC Rigorous imprisonment for Rs.500 and in default 1 month of payment of fine, to undergo RI for 5 days. 304-A IPC Rigorous imprisonment for Rs.1000 and in 2 years default of payment of fine to undergo RI for 20 days. 337 IPC Rigorous imprisonment for Rs.250/- and in 3 months default of payment of fine to undergo RI for 2 days. 338 IPC Rigorous imprisonment for Rs.500/- and in 1 year default of payment of fine to undergo RI for 5 days.
On appeal, the findings recorded by the trial Court were affirmed by the lower appellate Court.
Hence, the present revision petition.
Learned counsel for the petitioner does not challenge the CRR No.1376 of 2012 4 order of conviction on merits, however, restricts his prayer for reduction of sentence. The petitioner is the first offender and has been facing agony of protracted trial for more than 7 ½ years. As per custody certificate dated 19.5.2012, the petitioner has undergone 28 days of the actual sentence of 2 years.
Learned counsel has placed on record copy of the award passed by MACT, Ferozepur, a sum of Rs.2,16,000/- has been awarded to the parents of the deceased Ranbir Kaur @ Randeep Kaur.
Learned counsel for the State has submitted that since offence is proved, so no leniency should be shown.
Heard.
In the present case, the petitioner has been facing agony of protracted trial for more than 7½ years; he is the first offender and he has already undergone more than 1 month of the actual sentence; this Court is of the view that ends of justice would be met if his conviction is reduced to the period already undergone. In these circumstances, the conviction of the petitioner is upheld and the sentence is reduced to the period already undergone, however, sentence of fine is enhanced to Rs.50,000/- which shall be paid to the legal heirs of the deceased by the trial Court and thereafter the petitioner shall be released.
With the above modification, the present revision petition stands disposed of.
30.05.2012 (RITU BAHRI) mks JUDGE