Petitioner challenged conviction under IPC Sections 279, 337, and 427 following reckless driving causing an accident. Court disposed of revision by directing petitioner to undergo only imprisonment already undergone, sparing him remaining jail term.
Petitioner directed to undergo only imprisonment already undergone; remainder of sentence spared.
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Crl. Revision No.181 of 2001. -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Revision No.181 of 2001. DECIDED ON : 5.2.2009.
Jagsir Singh
Petitioner
VERSUS
State of Punjab
Respondent.
CORAM HON'BLE MR. JUSTICE JORA SINGH
Present: None for the petitioner. Ms. Manjuri Nehru Kaul, DAG(Punjab)
JORA SINGH,J.
Jagsir Singh has filed this appeal against the judgment dated 22.1.2001 passed by Additional Sessions Judge, Sangrur whereby judgment and order dated 26.8.2000/28.8.2000 was upheld in First Information Report No. 45 of 14.9.1998, under Sections 279/337/338/427 I.P.C., Police Station Longowal. As per judgment dated 26.8.2000, petitioner was convicted under Sections 279/337/338 and 427 of the Indian Penal Code and was sentenced as under:-
Under Section 279 IPC
R.I for six months and to pay a fine of Rs.1000/and in default of payment of fine to further undergo SI for 15 days.
Under Section 337 IPC
R.I for three months and to pay a fine of Rs.500/-
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Crl. Revision No.181 of 2001.
and in default of payment of fine to further undergo SI for 15 days.
Under Section 427 IPC
R.I for three months and to pay a fine of Rs.500/and in default of payment of fine to further undergo SI for 15 days.
Prosecution story, in brief, is that on 26.6.1998 Balwant Khan alias Bhola moved an application dated 5.6.1997 before the Senior Superintendent of Police, Sangrur on the allegations that he was going from village Badbar to village Longowal, on a scooter owned by one Karamjit Singh. At about 5 P.M., a new 'Eicher' Tractor came from the side of village Longowal. The tractor was being driven rashly and negligently by Jagsir Singh which was struck against the scooter of the applicant. In the accident, applicant received injuries and became unconscious. He was shifted to the hospital of Dr. Amrish. Applicant remained admitted in the hospital for 15 days. Then he was shifted to Rajindra Hospital, Patiala and ultimately he was referred to PGI. Basakha Ram had also informed the police about the alleged accident, but no case was registered.
After completion of investigation, challan was presented.
Evidence was led by both the parties. Ultimately, petitioner was convicted and sentenced under Sections 279/337/427 of the Indian Penal Code vide judgment dated 26.8.2000. Judgment of the Lower Court was challenged
Crl. Revision No.181 of 2001. -3-
before the Sessions Court who had upheld the judgment of the Lower Court and as such, judgment passed by the Sessions Court dated 22.1.2001 is under challenge before this Court.
I have heard learned Counsel for the State and perused the record carefully and thoroughly.
As per prosecution story, occurrence had taken place in the area of village Longowal on 5.6.1997. At the time of occurrence, petitioner was 22 years old. Petitioner remained in custody from 22.1.2001 to 29.3.2001. Petitioner was of young age at the time of occurrence. No useful purpose would be served if petitioner is sent back to jail to serve remaining part of sentence.
Keeping in view the circumstances mentioned above, I am of the opinion that the ends of justice would be fully met if the petitioner is directed to undergo imprisonment already undergone.
Accordingly, petition stands disposed of.
5.2.2009. ( JORA SINGH ) Anoop JUDGE
2 issues framed by the court
Whether the petitioner should serve the remaining period of his sentence in jail or only undergo imprisonment already undergone.
What course is appropriate to meet the ends of justice given the young age of the petitioner at the time of occurrence.
1 provisions across 1 enactments
Jagsir Singh
State of Punjab
Jora Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
