GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, herein who stood charged under Section 304 A of the Indian Penal Code was accordingly convicted and sentenced to undergo Rigorous Imprisonment for one year to pay a fine of Rs. 1000/- and in default to undergo Rigorous Imprisonment for three more months by the learned Judicial Magistrate, Ludhiana. In police challan No. 57/2 dated4.11.1985, aggrieved by which the petitioner herein filed an appeal before the learned- Additional Sessions Judge, Ludhiana, Criminal Appeal No.8 of 15.6.1994. The learned Additional Sessions Judge, Ludhiana, confirmed the conviction and sentence passed against the petitioner-accused and dismissed the same, aggrieved by which the petitioner has come revision to this Court.

(2.) Though the revision was directed against the conviction and the sentence, at the time of the arguments, the learned counsel for the petitioner restricted the arguments to the question of sentence only and did not press the revision with regard to the conviction. Therefore, the conviction under Section 304-A of the Indian Penal Code is confirmed.

(3.) The learned trial Magistrate sentenced the revision-petitioner to Rigorous Imprisonment for one year only, but, by mistake the learned Additional Sessions Judge, has observed in the course of his judgment that the sentence awarded to the revision-petitioner herein namely, two years is confirmed, and is not excessive. This observation is not correct inasmuch as the petitioner has been awarded only Rigorous Imprisonment for one year. Be that as it may, the question now is whether the sentence awarded to the petitioner calls for any modification.