Best Criminal Lawyers in Chandigarh HC: View accident as act of providence for sentencing by Advocate SS Sidhu Lawyer in Chandigarh High Court

Best Criminal Lawyers in Chandigarh

Saurabh Malik

Tribune News Service

Chandigarh, September 30

The Punjab and Haryana High Court has ruled that an accident “being an accident” has to be taken as an act of providence for the purpose of imposing sentence on a convict unless his conduct was shown to be extremely negligent at the time of mishap and abject brazen after it.

The assertion by Justice Rajbir Sehrawat came in a case where the petitioner-convict had not abandoned the victim “at the relevant time” and the facts of the case showed that he may not have been solely responsible for the accident. “Therefore, the petitioner can be extended a lenient view in the matter of sentence,” Justice Sehrawat ruled.

The ruling came on a petition filed by Amarjeet Singh against the state government challenging the judgment dated August 1, 2017, whereby Malerkotla Sub-Divisional Judicial Magistrate convicted and sentenced the appellant in a case of death by negligence and other offences under Sections 279, 304-A and 427 of the IPC. An FIR in the matter was registered on September 5, 2015, at Malerkotla City-I police station. The appellant had also challenged another judgment dated April 24, passed by Sangrur Additional Sessions Judge, whereby his conviction and sentence was upheld.

Appearing before the Bench, counsel for the petitioner submitted that Amarjeet Singh had already undergone about half of the sentence. He had, rather, undergone sentence of five months and 20 days out of maximum year’s sentence. He added that the petition might as such be considered for reduction in sentence.

Justice Sehrawat asserted the petitioner maintained good behaviour even during custody period, leading him to earn remissions from the jail authorities. “It is clear that the petitioner is on the course of correction. The family situation of the petitioner also shows that he is deep down in the family responsibilities. Hence, it would not be unjustified to grant one more opportunity to the petitioner to join the main stream of the social life,” Justice Sehrawat ruled, while sentencing the petitioner to period already undergone.

by Advocate SS Sidhu Lawyer in Chandigarh High Court - Best Criminal Lawyers in Chandigarh

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