STATE OF HIMACHAL PRADESH Vs. HARI CHAND @ CHANDU
LAWS(HPH)-1997-6-38
HIGH COURT OF HIMACHAL PRADESH
Decided on June 05,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
HARI CHAND @ CHANDU Respondents


Referred Judgements :-

BALBIR SINGH V. STATE OF PUNJAB [REFERRED TO]
STATE OF KARNATAKA VS. KRISHNA ALIAS RAJU [REFERRED TO]


JUDGEMENT

ARUN KUMAR GOEL,J. - (1.)Heard learned counsel for the parties and I have also gone through the records of this case.
(2.)Respondent was prosecuted and challaned under Sections 279/304 -A of the Indian Penal Code. The trial court after conclusion of evidence came to the conclusion that the prosecution has proved direct nexus between the death as well as rash and negligent driving of the respondent and thus, observed that the case against him stands duly proved. However, while dealing with the matter relating to quantum of punishment, it admonished the respondent by giving the benefit of Section 3 of the Probation of Offenders Act, (hereinafter referred to as the Act). Reason for extending this benefit was that the respondent was first offender and in the opinion of the trial court being a young man, it will be in the interest of justice if he is ordered to be released under Section 3 of the Act and it was ordered accordingly.
(3.)State has filed this appeal under Section 377 of the Criminal Procedure Code for enhancement of sentence instead of the respondent having been admonished under Section 3 of the Act.


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