The court balanced the reformative and retributive aspect of the crime, considering the absence of mens rea and the petitioner's circumstances.

JUDGMENT

Vinod S. Bhardwaj. J. (Oral) - The present revision petition has been preferred against the judgment of conviction and order of sentence dated 29.04.2017 passed by the Judicial Magistrate First Class, Amritsar whereby the petitioner has been convicted for commission of offences punishable under Section 279, 304-A & 427 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') in case bearing FIR No. 14 dated 16.01.2013 registered under Sections 279, 304-A and 427 of the IPC at Police Station, Civil Lines, Amrtisar and has been sentenced as under:-

2. A further challenge is raised to the judgment dated 28.09.2021 passed by the Additional Sessions Judge, Amritsar whereby the appeal preferred by the petitioner against the judgment of conviction and order of sentence passed by the Judicial Magistrate First Class, Amritsar was partly allowed and conviction under Section 427 of the IPC was set aside. However, the judgment of conviction for offences punishable under Section 279 & 304-A of the IPC was upheld.

3. The case was listed for hearing on 31.03.2022, where counsel appearing on behalf of the petitioner submitted that she has instructions not to raise a challenge to the judgment of conviction and that she wishes to confine the prayer only to the extent of sentence. Accordingly, notice of motion was issued to respondent-State. Today, again the said prayer had been reiterated by the learned counsel representing the petitioner.

4. Brief facts as necessary for adjudication for the instant petition are extracted as under:-

4.1 That on 16.01.2013, ASI Vijay Kumar alongwith the police party was present at Rattan Singh Chowk, for the purpose of patrolling. There complainant Prem Singh came and got recorded his statement to the effect that on 16.01.2013 at around 9:00 AM he went to meet his uncle Bihari Lal and after meeting him and having refreshments he and his uncle had to leave for Punjab National Bank, Amritsar for some work. That his uncle was on his Bajaj Chetak scooter bearing registration No. PB02-C-7862 and complainant was following his uncle on his own scooter. When they reached petrol pump in front of street no. 7, Karampura around 12.15 PM then one Tata Canter of oxygen gas bearing registration No.PB02-AU-9567 came from Fategarh Churian Road, Bye Pass on a very high speed without blowing horn. On seeing the truck he moved aside and driver of the canter hit the scooter of his uncle with his canter. Due to the collusion between the canter and the scooter his uncle fell and the left tyre of the canter ran over the head of his uncle. That his uncle died on the spot and driver of the canter ran away from the spot with his canter. That complainant called his brother- in-law on the spot and leaving him on the spot he was on his way to make the complaint and meet the police party. He prayed for necessary action to be taken against the accused.

4.2 On the basis of the application moved by the complainant, ruqa was prepared, FIR was registered against the accused, investigation was conducted, statement of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') were recorded, rough site plan was prepared and accused was arrested. After completion of investigation, challan was presented in the court against the accused.

4.3 On presentation of challan, copies of documents were supplied to the accused free of costs