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HARSH BUNGER
Kamlesh Kumar – Appellant
Versus
State of Punjab – Respondent
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
The main legal point established in the judgment is the application of the principle of deterrence and the consideration of the petitioner's first-time offender status in determining the quantum of s....
The court modified the sentence of the accused due to prolonged trial and personal circumstances, affirming the conviction while ensuring justice is served.
The court balanced corrective and deterrence theories in sentencing, considering mitigating circumstances and the nature of the offense.
The court has the discretion to reduce the sentence based on the period already undergone, considering the petitioner's personal circumstances and the principles of justice.
The court considered the circumstances of the petitioner and previous case law to reduce the sentence.
The court upheld the conviction for negligent driving resulting in death, affirming the sufficiency of evidence while reducing the sentence to one year based on mitigating circumstances.
The scope of revision under Section 397 Cr.P.C. is limited to addressing manifest errors or legal bar against proceedings, emphasizing that revisional courts cannot review evidence as appellate court....
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