High Court of Punjab and HaryanaCRR/3335/2015dismissed

Jaswinder Singh v. State Of Punjab

2015-10-05Mrs. Justice Rekha Mittal2 pages

KUMAR MANOJ 2015.10.07 10:41 I attest to the accuracy and integrity of this document Crl.R.No.3335 of 2015 (O&M) #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH Crl.R.No.3335 of 2015 (O&M) Date of Order: 05.10.2015 Jaswinder Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. P.P.S Duggal, Advocate for the petitioner. Mrs. Amarjit Kaur Khurana, Addl.A.G, Punjab.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J (ORAL) Instant petition is directed against the judgment dated 05.06.2015 whereby the learned Additional Sessions Judge, SAS Nagar Mohali while dismissing the appeal filed by the petitioner against the judgment and order of sentence dated 28.10.2014 passed by the learned Sub Divisional Judicial Magistrate, Kharar modified the sentence from two years RI to that of rigorous imprisonment for one year for the offence under Section 304-A IPC.

As per the contents of the FIR, the petitioner is alleged to have struck his Qualis vehicle into a Motorcycle as a result whereof two persons Vijay Pal and Jarnail Singh suffered grievous injuries and thereafter Vijay Pal succumbed to his injuries.

Learned counsel for the petitioner states that he would not press this petition on merits but prays that the sentence is excessive.

Crl.R.No.3335 of 2015 (O&M) #2# Custody certificate filed by way of affidavit dated 04.10.2015 of Sh. Gurcharan Singh Dhaliwal, Deputy Superintendent, Central Jail, Patiala is taken on record whereby the petitioner has undergone three months and 28 days of actual sentence.

Learned state counsel, in view of the stand taken by learned counsel for the petitioner, has stated that she would not oppose the prayer seeking some reduction in the sentence as this court may deem fit. Keeping in view the entire factual matrix, I deem it appropriate to accept the plea of learned counsel for the petitioner and reduce the sentence to six months while dismissing the revision. Ordered accordingly.

October 05, 2015 (AJAY TEWARI) manoj JUDGE