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A.M.SAPRE, DINESH MAHESHWARI
Gagan Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
ABHAY MANOHAR SAPRE, J.
1. Leave granted.
2. This appeal is directed against the final judgment and order dated 26.11.2018 passed by the High Court of Punjab & Haryana at Chandigarh in CRR No.42 of 2018 whereby the Single Judge of the High Court dismissed the revision petition filed by the appellant herein and affirmed the judgment and order of the Courts below.
3. The appeal involves a short controversy as would be clear from the facts set out hereinbelow.
4. The appellant was prosecuted and eventually convicted for the offences punishable under Sections 279 and 304-A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) in CHI 88530 of 2013 by the Judicial Magistrate 1st Class, Jalandhar by order dated 12.05.2017. On the quantum of sentence, the Judicial Magistrate passed the following order:
| Under Section 279 of IPC | To undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/and in default of payment of fine to undergo simple imprisonment for fifteen days. |
| Under Section 304A of IPC | To undergo rigorous imprisonment for t |
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