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2025 Supreme(Online)(P&H) 5982
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S. BHARDWAJ, J
Kala Singh – Appellant
Versus
State of Punjab – Respondent
Revision Petition | Challan No.94-1 of 19.03.2012
For the Appellants/Petitioners: Mr. Rahul Arora
For the Respondents: Mr. Mohit Kapoor, Sr. DAG Punjab, Mr. Gurmeet S. Saini
The court emphasizes rehabilitation over punishment in determining probation eligibility under specified legal standards.
Headnote:The judgment addresses the revision petition against the conviction and sentencing by the Chief Judicial Magistrate under IPC sections, where the petitioner seeks probation considering mitigating factors. The court highlights the(objective) of probation as rehabilitative. The court concludes that the petitioner is eligible for probation due to absence of prior criminal records and the nature of the incident, allowing for probation with specified conditions.
| Table of Content |
|---|
| 1. overview of the case and initial proceedings. (Para 1 , 2 , 3) |
| 2. arguments presented regarding sentencing and probation. (Para 8 , 9 , 10 , 11) |
| 3. legal standards and principles governing probation. (Para 12 , 13 , 14 , 15) |
| 4. evaluation of the case for probation consideration. (Para 16 , 17 , 18) |
| 5. final ruling and directions regarding probation. (Para 19 , 20) |
VINOD S. BHARDWAJ, J. (Oral)
The present revision petition had been filed against the judgment of conviction and order of sentence dated 15.02.2017 passed by the Chief Judicial Magistrate, Ferozepur, in case bearing Challan No.94-1 of 19.03.2012 in FIR bearing No. 252 dated 28.09.2012 registered under Sections 279/337/338/427 of the Indian Penal Code, 1860 at Police Station City, Ferozepur as well as the dismissal of the appeal vide judgment dated 18.05.2017 passed by Addnl Sessions Judge, Ferozepur.
2. Vakalatnama on behalf of the petitioner has been filed today in the Court and the same is taken on record.
3. Briefly summarized, the case of the prosecution is that the present FIR was registered against the accused, on the statement of one Lakhwinder Singh, on the allegations that on 26.09.12, he alongwith Gurjit Singh, son of Mohinder Singh were going back to their village at about 8/8.30 pm, from Ferozepur Cantt. and when they reached a little ahead of Udham Singh Chowk, then a white colour car make Swift bearing RC No.DL8CR 0904, came from the opposite side at a very high speed, which was driven by Kala Singh, son of Falak Singh, in a rash and negligent manner, without blowing horn and the driver struck the car in the motorcycle bearing RC No.PB05-S-1639, being driven by the complainant. It is further averred in the statement that as a result of collision, complainant and his companion Gurjit Singh, received multiple injuries and they both fell on the ground and they were got admitted in civil hospital, Ferozepur. It is further averred that due to severe nature of injuries, they were referred to GGS Medical College, Faridkot, wherefrom, he was sent back to civil hospital, Ferozepur, after giving necessary medical treatment. However, Gurjit Singh remained admitted in GGS Medical College for treatment. On the basis of this statement dt.28.09.12, present FIR was registered against the accused and the investigation was initiated. On completion of investigation, challan was presented in the court.”
4. In order to prove the guilt of accused, prosecution examined HC Nirmal Singh as PW1, Lakhwinder Singh, complainant/injured as PW2, SI Harbhajan Singh, IO as PW3, HC Kuldeep Singh as PW4, Manjinderpreet Singh, Sr. Assistant as PW5, Ashok Kumar Retd Head Mechanic as PW6, Hansa Singh as PW7 and thereafter prosecution evidence was concluded vide order dated 17.11. 2016.
5. After conclusion of evidence, statement under Section 313 Cr.P.C. was recorded. Even though an opportunity was granted to lead defence evidence but no evidence was led by the petitioner.
6. After going through the evidence recorded and considering the arguments advanced by the contested parties, the Chief Judicial Magistrate, Ferozepur convicted/sentenced the petitioner vide judgment/order dated 15.02.2017. The punishment awarded is as under:-
| Offence U/s | Sentenced |
| 279 I.P.C. | Rigorous imprisonment of six months and a fine of Rs.500/-. In default thereof, to undergo further rigorous imprisonment for 15 days. |
| 337 I.P.C. | Rigorous imprisonment of six months and a fine of Rs.500/-. In default thereof, to undergo further rigorous imprisonment for 15 days. |
| 427 I.P.C. | Rigorous imprisonment of three months. |
7. Aggrieved of the said judgment of conviction and order of sentence dated 15.02.2017, the petitioner preferred appeal before the Court of Sessions Judge, Ferozepur, which was dismissed by the Additional Sessions Judge, vide judgment dated 18.05.2017. Hence, the present revision petition.
8. Learned counsel for the petitioner submits that since both the Courts have concurrently recorded findings of fact against t
