Punjab-Haryana High Court
Gurmail Singh vs State Of Punjab on 22 September, 2022
CRR-320-2016 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRR-320-2016 (O&M)
Date of Decision: 22.09.2022
Gurmail Singh
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present: - Mr. G.S. Nahel, Advocate for the petitioner.
Mr. Hakam Singh, Assistant Advocate General, Punjab.
Petitioner-Gurmail Singh, in person produced by
Inspector-Amrik Singh, SHO, Police Station Sherpur,
District Sangrur.
ASHOK KUMAR VERMA, J. (ORAL)
Pursuant to the order dated 12.03.2020, petitioner-Gurmail
Singh, has been produced in Court today by Inspector Amrik Singh,
SHO, Police Station Sherpur, District Sangrur.
Through this revision, accused has laid challenge to
judgment dated 21.11.2014 of the First Appellate Court, affirming
judgment of conviction and order of sentence dated 30.01.2014 of the
trial Court, whereby he was held guilty under Sections 279 and 304-A
IPC and sentenced as under:
Under Section Sentence
279 IPC To undergo rigorous imprisonment for 06 months and
to pay a fine of Rs.500/- and in default thereof, to
further undergo simple imprisonment for 30 days.
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304-A IPC To undergo rigorous imprisonment for 2 years and to
pay a fine of Rs.1000/- and in default thereof, to further
undergo simple imprisonment for 60 days.
Both the sentences were ordered to run concurrently.
Briefly, the petitioner was booked and tried in case FIR
No. 45 dated 11.02.2008, under Sections 279, 337, 304-A and 427 IPC
and Section 181 of the Motor Vehicles Act, Police Station City, Dhuri,
for causing death of one Rajinder Kumar, brother of complainant-Sanjiv
Kumar, on account of rash and negligent driving of tractor-trolley bearing
registration No. PB-12-4358 loaded with bags.
It is pertinent to mention here that earlier the case was
decided by the trial Court vide judgment dated 30.11.2010 and the same
was remanded back by the Appellate Court, vide judgment dated
13.09.2013, with directions to the trial Court to summon the defence
witnesses as per list furnished by the accused/petitioner for recording
their evidence and then to decide the matter afresh after hearing both the
parties, in accordance with law.
The trial Court after recording the defence evidence led by
the petitioner, convicted and sentenced the petitioner in the manner as
narrated above, vide judgment/order dated 30.01.2014.
Being aggrieved, the petitioner approached the Ist Appellate
Court, but remained un-successful as his appeal too was dismissed, vide
judgment impugned herein.
Learned counsel for the petitioner states that he does not
challenge conviction of the petitioner on merits and confines his prayer to
the quantum of sentence only. This criminal trial is hanging on his head
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like damocle's sword for more than 14 years, which should be a sufficient
mitigating circumstance to treat him leniently. The petitioner has suffered
the ordeal for long period. Out of total sentence two years, petitioner has
undergone actual sentence of 1 year, 7 months and 22 days. Petitioner is
not involved in any other case. Fine of Rs.1500/- has already been
deposited by the petitioner before the trial Court vide receipt No. 06
dated 30.11.2010. Photocopy of the same is taken on record.
As per custody certificate dated 16.03.2018, petitioner has
already undergone actual sentence of 01 year, 07 months and 22 days.
The sentence of the petitioner has already been suspended vide order
dated 03.06.2016 passed by a co-ordinate Bench of this Court.
Therefore, in view of the arguments advanced by learned counsel for the
petitioner, this Court is of the view that no useful purpose will be served
by keeping the petitioner behind the bars any more. It is a fit case wherein
sentence awarded to the petitioner can be reduced to the period already
undergone.
Ordered accordingly.
Impugned judgment of conviction stands affirmed with
above modification.
Disposed of.
September 22, 2022 (ASHOK KUMAR VERMA)
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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