Sentencing must prioritise a reformative approach, assessing an offender's background and circumstances, distinguishing between errors of judgment and acts driven by deliberate mens rea, recognising that offenders are often capable of reform.

VINOD S. BHARDWAJ, J. (Oral)

CRM-15907-2026 Application is allowed as prayed for.

Main case

1. The instant criminal revision petition has been preferred against the judgment and order of sentence dated 19.07.2025 passed by the Judicial Magistrate 1st Class, Khamanon whereby the revisionist-petitioner had been convicted for commission of offences punishable under Sections 279, 338 and 304-A of the Indian Penal Code, 1860 in case bearing FIR No. 106 of 14.08.2022 registered under Sections 279, 337, 338, 304A and 427 of the Indian Penal Code, 1860 at Police Station Khamanon, District Fatehgarh Sahib. The revisionist-petitioner has been sentenced as under:-

All the sentences were ordered to run concurrently.

Further, challenge is also to the judgment dated

12.03.2026 passed by the Additional Sessions Judge, Fatehgarh Sahib whereby conviction was upheld.

2. Briefly stated, the facts of the present case are that on 13.08.2022, a telephonic message was received from the MHC of Police Station Khamanon regarding the admission of two injured persons, namely Ravinder Malra son of late Mohan Lal resident of Ward No. 11, Morinda and Neha Malra wife of Satnam Singh resident of Village Rattangarh, at CHC Khamanon, on account of a roadside accident. It was further informed that owing to the serious condition of the injured, Neha Malra had been referred to PGI, Chandigarh and Ravinder Malra to Max Hospital, Mohali, and a request was made for deputing an Investigating Officer for necessary action. On 14.08.2022, SI Kulwinder Singh, Incharge Police Post Sanghol, along with the police party, visited Max Hospital, Mohali and moved an application seeking the opinion of the doctor regarding the fitness of injured Ravinder Malra to make a statement; however, the doctor declared him unfit for the same. Thereafter, the Investigating Officer proceeded to PGI, Chandigarh and similarly sought the opinion of the doctor regarding the fitness of injured Neha Malra, who was also declared unfit to give a statement. Subsequently, Satnam Singh, husband of injured Neha Malra, met the Investigating Officer at the Emergency Gate of PGI, Chandigarh and got his statement recorded. He stated that he was employed in a private job at the LIC Office, Panchkula and that he and his wife had visited her parental home at Morinda. On 13.08.2022, his wife had to appear for an examination at ITI Institute, Utala, Police Station Samrala. Accordingly, on the said date, his wife Neha Malra and his brother-in-law Ravinder Malra were proceeding towards Utala on a motorcycle bearing registration No. PB-12-S-7001 (Pulsar, black colour), while he was following them on another motorcycle bearing registration No. PB87-2328 (City 100). Ravinder Malra was driving the motorcycle and Neha Malra was riding pillion. It was stated that at about 1:30 P.M., when they reached near Raja Dhaba, the motorcycle ahead of him was struck by a white Alto car bearing registration No. PB-10-CQ-8438, which was being driven at a high speed, in a rash and negligent manner and on the wrong side of the road. The said vehicle collided head-on with the motorcycle, as a result of which both Ravinder Malra and Neha Malra sustained grievous injuries and fell unconscious. It was further stated that the driver of the said car briefly stopped but, upon seeing a gathering of people, fled from the spot along with the vehicle. With the assistance of passers-by, the complainant shifted the injured to Civil Hospital, Khamanon, from where they were referred to Chandigarh owing to their critical condition. It was alleged that the accident occurred due