PHOOL KUMAR Vs. STATE OF HARYANA
LAWS(P&H)-1990-3-83
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 14,1990

PHOOL KUMAR Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

JAI SINGH SEKHON, J. - (1.) THE petitioner was convicted for offences under Sections 304A, 279 and 337 of the Indian Penal Code by the trial Court and was sentenced to undergo 1-1/2 years rigorous imprisonment of respective counts. All the sentences were, however, ordered to run concurrently. On appeal against the order, the learned Sessions Judge, Jind reduced the sentence under Section 304A of the Indian Penal Code to one year rigorous imprisonment However, the sentence awarded under Sections 279 and 337 of the Indian Penal Code were maintained.
(2.) THIS revision petition was admitted on the point of sentence only. The petitioner has contended that he is the sole bread winner of the family and that he is not a previous convict. I have heard learned Counsel for the parties and perused the judgments of the trial Court as well as lower appellate Court. The petitioner had killed Gulab Singh by rash and negligent driving of his truck no. HRV 3591 in the area of municipal limits Jind although he was expected to drive his truck in a very careful manner within the municipal limits and should not have exceeded the limit of speed prescribed for such limits. Under these circumstances, no case for invoking provisions of the Probation of offenders Act is made out. However, the sentence of one year maintained by the appellate Court is rather on the higher side. The same is reduced to six months rigourous imprisonment. The other sentences of three months rigorous imprisonment each passed under Sections 279 and 337 of the Indian Penal Code are, however, maintained. This revision petition stands disposed of accordingly.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.