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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-1816-2022 (O&M)

Date of Decision: 29.05.2023

KAMLESH KUMAR

…Petitioner

Versus

STATE OF PUNJAB

…Respondent

CORAM: HON’BLE MR. JUSTICE HARSH BUNGER

Present :

Mr. Deepak Arora, Advocate

for the petitioner.

Mr. Aditya Kapoor, A.A.G., Punjab.

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

GURPREET KAUR

2023.07.03 14:46

I attest to the accuracy and

authenticity of this order/judgment

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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

GURPREET KAUR

2023.07.03 14:46

I attest to the accuracy and

authenticity of this order/judgment

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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 judg