IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Revision No. 1744 of 2001
Date of Decision: March 27, 2009
Major Singh ...........Petitioner
Versus
State of Punjab ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.P.S.Ahluwalia, Advocate and
Mr.Vinod Arya, Advocate for the petitioner.
Mr. Amandeep Sigh Rai,AAG Punjab
Sabina, J.
Petitioner- Major Singh was convicted for an offence under
Sections 279 and 338 of the Indian Penal Code (`IPC ` for short) by the
Judicial Magistrate Ist Class Rupnagar vide judgment dated 22.11.1999.
Vide order of even date, petitioner was sentenced to undergo rigorous
imprisonment for six months under Section 279 IPC and to undergo
rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-
under Section 338 IPC. Aggrieved by the same, petitioner filed an appeal
and the same was dismissed by the Additional Sessions Judge, Rupnagar
vide order dated 20.11.2001. Hence, the present revision petition.
The brief facts of the case, as noticed by the Appellate Court
in para 2 of its judgment, are as under:-
” The brief facts of the case, as advanced by the prosecution are
that one Balwinder Singh alias Sangat Singh son of Bishan Singh
resident of village Mohalla Ghumara, Chamkaur Sahib made a
statement to the police that on 6.7.1997 at about 8.30 PM he
Criminal Revision No. 1744 of 2001 -2-alongwith Pardeep Singh alias Deepa resident of Chamkur Sahib
were present at Garcha Petrol Pump and after getting the oil from
there, they came out from Petrol Pump. When they reached at the
road side one scooter bearing No. PAM-5179 Bajaj Chetak being
driven by one Major Singh was seen coming from the side of
canal bridge Chamkaur Sahib. At that time, one Maruti Van No.
CH-01-2013 came from the back side. It was being driven by its
driver, so rashly and negligently that it hit the scooter being
driven by Major Singh. As a result of this hit, Major Singh fell
down on the pacca road and he got injuries in his head as well as
upper portion of the left leg. He became unconscious. The
complainant with the help of Pardeep Singh stopped the Maruti
Van and its driver had kept small beard and he was wheatish
colour and on his head, he had worn Towel. Major Singh scooter
driver was sent to Civil hospital Chamkaur Sahib in the same
Maruti Van. The Maruti van driver left Major Singh and scooter
driver in the hospital and then ran away from there. After
recording statement of Balwinder Singh son of Bishan Singh, a
formal FIR was registered. The investigations were conducted in
the matter, during which the Maruti Van was taken in custody, its
driver Major Singh son of Ajmer Singh was also arrested, site
plan was drawn, photographs of the scooter were taken on the
spot, documents of the scooter as well as of the van were taken in
custody and after completion of the investigations challan against
the accused was presented in the Court for his trial under Sections
279/337/338 IPC.”
Criminal Revision No. 1744 of 2001 -3-
In the present case, notice of motion was issued qua sentence
only on 27.11.2001. Thereafter, the case was admitted on 14.11.2002.
Learned counsel for the petitioner has submitted that the
accident had taken place on 6.7.1997. Petitioner was the only bread winner
of the family and was not a previous convict and has been facing the
criminal proceedings since the year 1997. The sentence qua imprisonment
be reduced to already undergone by the petitioner.
Keeping in view the submissions made by the learned
counsel for the petitioner, it is a fit case where the sentence qua
imprisonment is liable to be reduced to already undergone by the petitioner.
Accordingly, sentence qua imprisonment is reduced to
already undergone by the petitioner.
Revision petition stands disposed of accordingly.
(Sabina)
Judge
March 27, 2009
arya
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Writ Petition No. 396 of 2009
Date of Decision: March 27, 2009
Narinder Kaur ………..Petitioner
Versus
State of Punjab and others ……….Respondents
Coram: Hon’ble Mrs. Justice Sabina
Present: Mr. N.G.Sharma, Advocate for the petitioner.
Sabina, J.
Petitioner has filed this petition under Article 226 of the
Constitution of India seeking issuance of a writ of Habeas corpus for
recovery of her children who are alleged to be illegaly detained by
respondents No. 6 and 7.
Respondents No. 6 and 7 are the father and grand father of
the children in question. Prima-facie, no case is made out to the effect that
the children are in illegal custody of their father and grand father. No
ground for interference is made out.
Petition is dismissed.
(Sabina)
Judge
March 27, 2009
arya