JUDGEMENT
RAM CHAND GUPTA, J. -
(1.) THE present revision petition has been filed against judgment
dated 07.06.2012 rendered by learned Additional Sessions Judge, Patiala
dismissing appeal filed by petitioner against judgment of conviction and
order of sentence dated 08.01.2011 passed by learned Sub Divisional Judicial
Magistrate, Rajpura arising out of FIR no. 77 dated 26.10.2002, under
Sections 279/337/304A IPC, registered at police station Ghanaur vide which
petitioner-accused was convicted for offences under Sections 279/337/304A
IPC and sentenced him to undergo rigorous imprisonment for a period of one
year for offence under Section 304A IPC besides other sentences for smaller
offences.
(2.) I have heard learned counsel for the parties and have gone through both the judgments rendered by learned courts below.
Briefly stated, case of prosecution is that on 26.10.2002
complainant -Munish Kumar alongwith his father Satpal Goyal and Jassi
Jagshiv Singh son of Dalip Singh had gone to Mata Naina Devi in Maruti car
no. CH-03-0724 to pay obeisance. When they reached near Ganaur at about
M, a trcuk bearing registration no. HR-38-D-5121 came at a very high speed, which was being driven by petitioner-accused. He could not control
the same and hit against Maruti car. Due to which all the occupants sustained
injuries. Jassi Jagshiv Singh succumbed to the injuries at the spot. After
completion of investigation, challan was presented. Petitioner-accused faced
trial for offences under Sections 279/304A/337 IPC. He was convicted and
sentenced by learned trial court as aforementioned. Appeal filed by him
against the said judgment of conviction and order of sentenced was also
dismissed by learned Additional Sessions Judge, Patiala.
3. It was contended on behalf of petitioner that he did not want to press this revision petition so far as judgment of conviction as passed by
learned trial court and as affirmed by learned appellate court is concerned.
However, the present petition is pressed on the point of quantum of sentence
only. I have also perused both the judgments passed by learned courts below.
The same are based on evidence. There is nothing as to why this Court
should interfere in the concurrent finding recorded by learned courts below in
its revisional jurisdiction.
(3.) HENCE , the present revision petition is, hereby, dismissed so far as judgment of conviction as passed by learned trial court and as affirmed by
learned appellate court is concerned.;
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