LAWS(P&H)-1996-3-105

GOBIND SINGH Vs. STATE OF HARYANA

Decided On March 21, 1996
GOBIND SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS criminal revision filed against judgment dated 9.12.1995 passed in appeal by the Additional Sessions Judge, Rewari confirming the order of conviction and sentence passed in the criminal case by the Judicial Magistrate Ist Class, Rewari vide his judgment and order dated 10.2.1995, notice was issued only qua sentence vice order dated 22.2.1996. At the time of the admission of the revision the learned counsel for the petitioner pressed the petition only qua sentence and consequently, the admission was only for that limited point of consideration of sentence. The trial Magistrate convicted the revisionist for the offences under Sections 304-A, 279 and 337/338 of Indian Penal Code and sentenced him to suffer one year rigorous imprisonment on the first count, six months rigorous imprisonment on the second count and one year rigorous imprisonment on the last count. The learned Magistrate ordered the sentences to run concurrently. The appeal filed against the judgment of conviction and sentence came up for hearing before the learned Additional Sessions Judge, Rewari who dismissed the same and confirmed the conviction as also the sentence awarded to the revisionist by the Court of first instance (Judicial Magistrate Ist Class). Feeling aggrieved against the dismissal of the appeal, the revisionist filed this revision and as stated above the revision was pressed for sentence only and admitted on that point.

(2.) I have heard the learned counsel for the revisionist and the learned D.A. for State of Haryana.

(3.) THE learned D.A. for the State of Haryana has relied on the case of Rattan Singh v. State of Punjab, AIR 1980 SC 84 wherein it has been held that when a life has been lost and the circumstances of driving are harsh, no compassion can be shown.