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2023 Supreme(SC) 283

M. R. SHAH, C. T. RAVIKUMAR
State of Punjab – Appellant
Versus
Dil Bahadur – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Karan Sharma, AOR
For the Respondent(s): Mr. Aftab Ali Khan, AOR Mr. Ali Safeer Farooqi, Adv. Mr. M. Z. Chaudhary, Adv. Mr. Nitin Kashyap, Adv. Mr. Syed Imtiyaz Ali, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision Application being CRR No. 4113/2016, by which, though the High Court has upheld the conviction of respondent herein for the offence under Section 304A of the Indian Penal Code, however, has reduced the sentence from two years to eight months, subject to a prior deposit of Rs. 25,000/- towards compensation to be paid to family/legal heir of the deceased, the State of Punjab has preferred the present appeal.

2. That respondent herein-original accused was driving a Scorpio Car rashly and negligently, due to which one person died while over taking the ambulance from the left side. Because of the rash and negligent driving on the part of the respondent-accused two persons sitting in the ambulance also suffered injuries. Due to the collision, in fact, the ambulance turned turtle, which shows the manner in which the accused was driving the Scorpio with high speed. The respondent herein came to be tried for the offences under Sections 279 and 304A of the IPC. The learned Trial Court convicted the accused for the o


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