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P. SATHASIVAM,J. CHELAMESWAR
STATE OF PUNJAB – Appellant
Versus
BALWINDER SINGH ETC. – Respondent


Advocates:
KULDIP SINGHABHISHEK ATREY

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL Nos. 47-48 OF 2012

(Arising out of S.L.P. (Crl.) No. 7872-7873 of 2010)

State of Punjab

.... Appellant(s)

Versus

Balwinder Singh and Ors.

.... Respondent(s)

J U D G M E N T

P.Sathasivam,J.

1)

Leave granted.

2)

These appeals are filed against the common final

judgment and order dated 04.11.2009 passed by the High

Court of Punjab and Haryana at Chandigarh in Criminal

Revision Petition Nos. 653 and 655 of 2000 for nature of

offence and quantum of sentence whereby the High Court

partly allowed the revision petition and reduced the quantum

of sentence awarded by the Judicial Magistrate, Ist Class,

Amritsar as upheld by the Additional Sessions Judge,

1

Amritsar under Sections 304A, 337 and 279 of Indian Penal

Code, 1860 (in short ‘IPC’).

3)

Brief facts:

(a)

On 30.10.1992, one Dhian Singh-the Complainant

(PW-3), after attending the last rites of one of his relatives at

Village Mustabad, Amritsar was returning to Batala along with

his family members in a Jhang Transport Bus bearing

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