Kamlesh Kumar vs State of Punjab - 2023 Supreme(P&H) 2047

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2047

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Kamlesh Kumar – Petitioner
Versus
State of Punjab – Respondent
CRR NO. 1816 of 2022 (O&M)
Decided On : 29-05-2023

Advocates Appeared:
Mr. Deepak Arora, Advocate; For the Petitioner
For the Respondent: Mr. Aditya Kapoor, A.A.G., Punjab.

Headnote:(A) Indian Penal Code - Sections 279, 304-A, and 427 - Conviction and sentencing for causing death by rash and negligent driving - The petitioner was convicted and sentenced for the offences resulting from a vehicular accident that caused loss of life, with pertinent details regarding the rash driving and its consequences discussed. (Paras 2, 4, 11, 15)

(B) Sentencing - Courts must consider the gravity of the offence and the principle of deterrence while determining the sentence - The court cited precedents emphasizing the importance of proportionality and the need to protect society when imposing sentences. (Paras 11, 12, 16)

Facts of the case:
The petitioner was involved in an accident on 2nd October 2015, while driving a car recklessly, which led to the death of an individual. Following a trial, he was convicted and sentenced by the lower courts, with affirmations on appeal.

Findings of Court:
The conviction under Sections 304-A and 279 IPC is upheld, emphasizing the importance of strict punishment for such offences.

Issues: The court addressed the degree of negligence involved and the appropriateness of the sentence given the loss of life.

Ratio Decidendi: The court reaffirmed that the aim of sentencing is not only to punish but to serve as a societal deterrent against negligence resulting in harm.

Result: Criminal Revision Petition dismissed.

Table of Content
1. factual background of the case. (Para 1 , 2)
2. arguments for leniency vs. strict punishment. (Para 7 , 8)
3. analysis of sentencing principles and implications. (Para 9 , 15 , 16)
4. precedents cite importance of deterrent sentencing. (Para 11 , 12 , 13 , 14)
5. conclusion: revision petition dismissed. (Para 17 , 18)

JUDGMENT

Mr. Harsh Bunger, J.

Petitioner-Kamlesh Kumar, has filed the present criminal revision petition, challenging the judgment of conviction and order of sentencedated 07.12.2018 passed by learned Additional Chief Judicial Magistrate, Gurdaspur; whereby, he was convicted and sentenced for offence under Sections 279 ,304-A and 427 of the INDIAN PENAL CODE (for short 'the IPC'). The petitioner has also challenged the judgment dated 04.07.2022 passed by learned Sessions Judge, Gurdaspur; to the extent whereby, his conviction and sentence under Sections 304-A and 279 IPC was affirmed. It is relevant to note that the conviction of the petitioner under Section 427 IPC was set aside by lower Appellate Court.

2. Briefly, the case FIR No.115 dated 03.10.2015 under Sections 304-A, 279 and 427 IPC was registered at Police Station Dhariwal, on the complaint of one Sudesh Kumar son of Harbans Lal, wherein it was stated that his father (HarbansLal) had retired from BSF and was running a General Store in village Sohal. On 02.10.2015, the complainant along with his family had gone to village Sohal to meet his parents; however, his father (HarbansLal) had gone to Dhariwal for some personal work and while, he was returning back on a Scooter bearing No.PB58-E-347 (make Bajaj Chetak), which was being followed by the complainant on his motorcycle, then at about 2:30 p.m., when his father reached near Adda of village Sohal and was trying to turn towards village Sohal, then a car bearing registration No.CH-04-C-9051 (make 'Chevrolet'), which was being driven by a hindu gentleman (whose name was later on disclosed as Kamlesh son of Ramesh Kumar resident of # 831, New Azad Nagar, SW Road, Amritsar) was coming from the side of Dhariwal towards Gurdaspur and he was driving the car at a very high speed in a rash and negligent manner without blowing horn and he dashed his car into the scooter of his father, as a result of which, his father fell on the road along with scooter; whereupon, he parked his motorcycle and picked up his father, who had suffered multiple injuries on his body. Thereafter, a conveyance was arranged and his father was taken to Civil Hospital, Gurdaspur; from where he was referred to Guru Nanak Dev Hospital, Amritsar and then to Patel Hospital, Jalandhar, where he died due to the injuries suffered in the said accident while undergoing treatment.

3. The learned trial Court, after appreciating the evidence on record, convicted and sentenced the petitioner, vide its judgment dated 07.12.2018 as under :-

Offence u/s	Sentence
304-A IPC	Rigorous imprisonment for two years, and payment of fine of Rs.1000/- and in default thereof, to further undergo rigorous imprisonment for ten days.
279 IPC	Rigorous imprisonment for three months, and payment of fine of Rs.500/- and in default thereof, to further undergo rigorous imprisonment for five days.
427 IPC	Rigorous imprisonment for one year, and payment of fine of Rs.500/- and in default thereof, to further undergo rigorous imprisonment for five days.

4. The aforesaid judgment dated 07.12.2018 passed by learned Additional Chief Judicial Magistrate, Gurdaspur was challenged by the petitioner before the Court of Sessions Judge, Gurdaspur, by way of filing an appeal. However, vide judgment dated 04.07.2022 passed by learned Sessions Judge, Gurdaspur, the appeal filed by petitioner was partly allowed to the extent that the conviction and sentence of the petitioner under Section 427 IPC was set aside; however, his conviction and sentence under Sections 304-A and 279 IPC was affirmed.

5. Feeling dis-satisfied, the petitioner ha