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PANKAJ JAIN
Gurmukh Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Pankaj Jain, J. (Oral)
Petitioner has filed the instant revision petition impugning the judgment dated 11th of June, 2014 passed by Additional Sessions Judge, Patiala whereby appeal preferred by the petitioner against the judgment of conviction dated 7th of June, 2013 passed by JMIC, Patiala, stands dismissed.
2. Vide impugned judgment, Ld. Trial Court convicted the petitioner for offences punishable under Section 279, 304-A, 337 IPC in case FIR No.620 dated 30th of December, 2007, at Police Station Sadar, Patiala and sentenced him as under :
| Section (IPC) | Imprisonment (R.I) | Fine (in Rs.) | In default of payment of fine (imprisonment) |
| 279 | 03 months | - | - |
| 304-A | 01 year | 1000 | 30 days R.I. |
| 337 | 03 months | - | - |
3. As per the case of prosecution, the FIR was registered on the statement of one Dalbir Singh to the effect that on 30th of December, 2007, he was going towards Patiala from village Dhindsa on his motor-cycle. When he reached near Bossco Institute Rajpura-Patiala he saw one motor cycle bearing registration No.PB-11-AE-3258 being driven by one Sikh gentleman and two ladies were pillion riders thereupon, was hit by a Truck No.HR-46/8016 whic
The court emphasized that while deterrence in sentencing is crucial, mitigating factors like prolonged trials and compensation paid to victims should also influence sentencing outcomes.
Principle of proportionality between crime and punishment has to be borne in mind – Principle of just punishment is bedrock of sentencing in respect of a criminal offence.
The court emphasized the principle of proportionality in sentencing, allowing reduction based on mitigating circumstances while maintaining conviction.
Sentencing must reflect the gravity of the crime, ensuring adequate deterrence while avoiding undue sympathy and maintaining public confidence in justice.
Convictions under Section 304-A IPC may permit probation for first-time offenders, balancing justice and rehabilitation, especially in negligence-based cases lacking mens rea.
The court reclassified the conviction for culpable homicide not amounting to murder due to lack of intent, emphasizing knowledge of likely death suffices under IPC Section 304 (Part-II).
Point of Law : Criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective. At the same time, undue harshness should also be avoided keeping in view the re....
:Merely because a long period has lapsed by the time appeal is decided cannot be a ground to award punishment which is disproportionate and inadequate.
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