The main legal point established in the judgment is the court's consideration of evidence and personal circumstances in upholding the conviction and reducing the petitioner's sentence.

JUDGMENT

Vikas Bahl, J. (Oral) - Challenge in the present Criminal Revision Petition is to the judgment and order of sentenced dated 21.11.2019, passed by the Judicial Magistrate Ist Class, Gurdaspur, vide which the petitioner has been convicted and sentenced as under:-

All the sentences shall run concurrently. Case property be dealt with in accordance with law. File be consigned to the record room."

2. Challenge is also to the judgment dated 08.09.2022, passed by the Sessions Judge, Gurdaspur, vide which in the appeal that had been filed against the said judgment and order dated 21.11.2019, the conviction and the sentence awarded to the petitioner (appellant therein) under Sections 279 & 304-A IPC had been upheld.

3. On 22.09.2022, this Court was pleased to pass the following order: -

'Learned counsel for the petitioner has submitted that since, findings of both the Courts below on the aspect of conviction are legal, thus, he does not wish to challenge the conviction of the petitioner but argues that the petitioner has two daughters aged 15 years and 12 years respectively and they are studying in 10th and 9th class respectively and the petitioner also has old aged parents to take care of and thus, prays that a lenient view be taken with respect to the sentence awarded to the petitioner.

Notice of motion for 09.11.2022.

To be taken up at 04:00 pm."

4. As per the report of the Registry, the service is complete.

5. Learned counsel for the petitioner has reiterated the arguments which have been raised on 22.09.2022 and has submitted that since findings of both the Courts below on the aspect of conviction are legal, thus, he does not wish to challenge the conviction of the petitioner, but urges that the petitioner has two daughters aged 15 years and 12 years, respectively and they are studying in 10th and 9th class, respectively and the petitioner also has old aged parents to take care of and thus, prays that a lenient view be taken with respect to the sentence awarded to the petitioner. It is further submitted that the incident in the present case is of the year 2016 and petitioner has suffered the agony of trial/appeal/revision for all these years and the petitioner was granted the bail/suspension of sentence but he has never misused the said concession. It is further submitted that petitioner is 47 years of age and is the sole bread winner of his family. It is further submitted that the petitioner has already undergone a period of more than 2 months of actual custody after conviction and he is not involved in any other case.

6. In support of his arguments, learned counsel for the petitioner has relied upon CRR-1931-2010 decided on 23.07.2019 titled as ' Chander Bhan Vs. State of Haryana' in which in a case where the petitioner had actually undergone sentence of 04 months and 07 days in a case under Sections 279 and 304-A IPC, this Court has suspended the sentence by imposing a fine of Rs.25,000/- and the judgment of the Hon'ble Supreme Court in 'State of Punjab Vs. Saurabh Bakshi", reported as 2015 (2) RCR (Criminal), 495 was considered. Further reliance has been placed upon a judgment of this Court in CRR-4830-2016 decided on 08.03.2017 titled as 'Balwinder Singh @ Binder Vs. State of Punjab ' in which case also, the sentence was reduced to four months in a case of conviction under Section 279/304-A IPC where rigorous imprisonment was awarded for 02 years. In the said case also, the judgment of the Hon'ble Supreme Court in Saurabh Bakshi's case (supra) was considered. Further, reliance has also been placed upon case of 'Jaswant Singh Vs. State of Punjab', reported as 2020 (1) RCR (Criminal) 163, in which also after taking into consideration the judgment of the Hon'ble