State of Punjab v. H.S.GREWAL

Mr. S.S.Nahar, AAG Punjab. Mr. S.S.Nahar, AAG Punjab. -.- H.S.GREWAL J. (Oral) H.S.GREWAL J.

The present revision petition has been filed against the judgment of The present revision petition has been filed against the judgment of The present revision petition has been filed against the judgment of The present revision petition has been filed against the judgment of conviction and order of sentence dated 03.03.2011, whereby the learned Sub conviction and order of sentence dated 03.03.2011, whereby the learned Sub conviction and order of sentence dated 03.03.2011, whereby the learned Sub conviction and order of sentence dated 03.03.2011, whereby the learned Sub Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the A/337 IPC and sentenced him to offences punishable under Sections 279/304-A/337 IPC and sentenced him to A/337 IPC and sentenced him to offences punishable under Sections undergo rigorous imprisonment for a period of two years and to pay a fine of undergo rigorous imprisonment for a period of two years and to pay a fine of undergo rigorous imprisonment for a period of two years and to pay a fine of undergo rigorous imprisonment for a period of two years and to pay a fine of and in default of payment of fine, to further undergo rigorous Rs.2000/- and in default of payment of fine, to further undergo rigorous and in default of payment of fine, to further undergo rigorous and in default of payment of fine, to further undergo rigorous allenged the imprisonment for a period of 15 days.

09.11.2006 Ajit Singh son of Daljeet Brief facts of the case are that on 09.11.2006 Ajit Singh son of Daljeet 09.11.2006 Ajit Singh son of Daljeet Brief facts of the case are that on Singh, resident of Bhasaur suffered a statement with the police to the effect that on Singh, resident of Bhasaur suffered a statement with the police to the effect that on Singh, resident of Bhasaur suffered a statement with the police to the effect that on Singh, resident of Bhasaur suffered a statement with the police to the effect that on

08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail Singh resident of Bhasaur was going on motor- Singh resident of Bhasaur was going on motor ake Hero Handa CD Dawn -cycle make Hero Handa CD Dawn TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document CRR-641-2012 (O&M) -2- owned by his elder son Amritpal Singh, bearing registration No.PB-13Q-2135-owned by his elder son Amritpal Singh, owned by his elder son Amritpal Singh, bearing registration No.PB which was being driven by his son Gurwinder Singh. He (complainant) and which was being driven by his son Gurwinder Singh. He (complainant) and which was being driven by his son Gurwinder Singh.

He (complainant) and which was being driven by his son Gurwinder Singh. He (complainant) and Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor- Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor 0757 owned by his son e CT Bajaj bearing registration No.PB-28C-0757 owned by his son e CT Bajaj bearing registration No.PB cycle make CT Bajaj bearing registration No.PB DMC, Ludhiana to inquire about the Gurwinder Singh. They all were going to the DMC, Ludhiana to inquire about the DMC, Ludhiana to inquire about the Gurwinder Singh. They all were going to health of Bhan Singh, their relative. At about 8:00 PM when they reached near the health of Bhan Singh, their relative. At about 8:00 PM when they reached near the health of Bhan Singh, their relative.

At about 8:00 PM when they reached near the health of Bhan Singh, their relative. At about 8:00 PM when they reached near the his son Gurwinder Singh and Baljeet Singh were office of Libra Bus Service, his son Gurwinder Singh and Baljeet Singh were his son Gurwinder Singh and Baljeet Singh were office of Libra Bus Service, going on their motor cycle 50 yards ahead of them. They were on their side of the going on their motor cycle 50 yards ahead of them. They were on their side of the going on their motor cycle 50 yards ahead of them. They were on their side of the going on their motor cycle 50 yards ahead of them. They were on their side of the 5932 was driven back by its road. One oil tanker bearing registration No.HR-46-5932 was driven back by its road. One oil tanker bearing registration No.HR road. One oil tanker bearing registration No.HR or, without giving lights and without driver without the help of any cleaner/conductor, without giving lights and without or, without giving lights and without driver without the help of any giving any signal, in a rash and negligent manner, struck against the motor cycle giving any signal, in a rash and negligent manner, struck against the motor cycle giving any signal, in a rash and negligent manner, struck against the motor cycle giving any signal, in a rash and negligent manner, struck against the motor cycle driven by his son Gurwinder Singh.

Gurwinder Singh and Baljeet Singh alongwith driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith nt, Gurwinder Singh motor cycle fell down on the ground. On account of accident, Gurwinder Singh motor cycle fell down on the ground. On account of accide motor cycle fell down on the ground. On account of accide was also damaged. He and Baljeet Singh suffered injuries and motor cycle was also damaged. He and Baljeet Singh suffered injuries and motor cycle and Baljeet Singh suffered injuries and motor cycle (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died.

Due to being Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being suffered with many injuries, Baljeet Singh was referred to Rajindra Hospital, many injuries, Baljeet Singh was referred to Rajindra Hospital, injuries, Baljeet Singh was referred to Rajindra Hospital, Patiala. Lateron, they Patiala. They took Baljeet Singh to Arora Neuro Centre, Patiala. Lateron, they Patiala. They took Baljeet Singh to Arora Neuro Centre, Patiala. They took Baljeet Singh to Arora Neuro Centre, came to know about the name and address of the driver as came to know about the name and address Raj Kumar son of of the driver as Raj Kumar son of Parbhu Ram, resident of Ram Nagar colony, House N Parbhu Ram, resident of Ram Nagar c . 34, Nazabgarh, Road, New olony, House No.

34, Nazabgarh, Road, New Delhi. On receiving this narration of the incident, police swung into action by Delhi. On receiving this narration of the incident, police swung into action by Delhi. On receiving this narration of the incident, police swung into action by Delhi. On receiving this narration of the incident, police swung into action by lodging the FIR under reference and launched its investigation, upon completion lodging the FIR under reference and launched its investigation, upon completion lodging the FIR under reference and launched its investigation, upon completion lodging the FIR under reference and launched its investigation, upon completion whereof, challan against the accused was presented in the court. whereof, challan against the accused was presented in whereof, challan against the accused was presented in

is not At this stage, learned counsel for the petitioner states that he is not At this stage, learned counsel for the petitioner states that he At this stage, learned counsel for the petitioner states that he prayer qua assailing the judgment of conviction on merits, rather restricts his prayer qua assailing the judgment of conviction on merits, rather restricts assailing the judgment of conviction on merits, rather restricts TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document CRR-641-2012 (O&M) -3- as the modification of the order of sentence to the period already undergone as the modification of the order of sentence to the period already undergone modification of the order of sentence to the period already undergone also submits that been suffering the agony of trial since 2006. He also submits that been suffering the agony of trial since petitioner has been suffering the agony of trial since without referring to the merits of the case, he prays for reduction of sentence while without referring to the merits of the case, he prays for reduction of sentence while without referring to the merits of the case, he prays for reduction of sentence while without referring to the merits of the case, he prays for reduction of sentence while the petitioner is above 80 years of age and taking a lenient view on the ground that the petitioner is above 80 years of age and the petitioner is above 80 years of age and taking a lenient view on the ground that days out of the y undergone sentence of more than 05 months and 25 days out of the y undergone sentence of more than 0 he has already undergone sentence of more than 0 total sentence of 2 years. total sentence of 2 years

On the other hand, learned State counsel opposes the prayer of the On the other hand, learned State counsel opposes the prayer of the On the other hand, learned State counsel opposes the prayer of the On the other hand, learned State counsel opposes the prayer of the by way of filing of custody certificate of petitioner dated 12.05.2026 by way of filing of custody certificate of petitioner dated petitioner by way of filing of custody certificate of petitioner dated

12.05.2026 on reasoned judgments ound that the learned Courts below have passed well-reasoned judgments ound that the learned Courts below have passed well the ground that the learned Courts below have passed well after taking into consideration the entire evidence and the material available on after taking into consideration the entire evidence and the material available on after taking into consideration the entire evidence and the material available on after taking into consideration the entire evidence and the material available on record and there is no perversity or illegality in the findings returned by it. record and there is no perversity or illegality in the findings returned by it. record and there is no perversity or illegality in the findings returned by it.

learned counsel for the parties and have gone through the I have heard learned counsel for the parties and have gone through the learned counsel for the parties and have gone through the I have heard material placed on record. material placed on record.

2006 and since then The FIR in the present case pertains to the year 2006 and since then The FIR in the present case pertains to the year The FIR in the present case pertains to the year the petitioner is facing trial. At the time of conviction, he was 68 years of age, the petitioner is facing trial. At the time of conviction, he was 68 years of age, the petitioner is facing trial. At the time of conviction, he was 68 years of age, the petitioner is facing trial. At the time of conviction, he was 68 years of age, present he must be above 80 years. As per custody certificate filed by therefore, at present he must be above 80 years. As per custody certificate filed by present he must be above 80 years. As per custody certificate filed by present he must be above 80 years. As per custody certificate filed by the learned State counsel, the petitioner has undergone total sentence of 05 months the learned State counsel, the petitioner has undergone total sentence of 05 months the learned State counsel, the petitioner has undergone total sentence of 05 months the learned State counsel, the petitioner has undergone total sentence of 05 months and 25 days including remissions out of the substantive sentence awarded to him. and 25 days including remissions out of the substantive sentence awarded to him. and 25 days including remissions out of the substantive sentence awarded to him. and 25 days including remissions out of the substantive sentence awarded to him.

Deo Narain Mandal Vs. State of Hon’ble the Supreme Court in “Deo Narain Mandal Vs. State of Deo Narain Mandal Vs. State of Hon’ble the Su