Criminal Revision No. 2276 of 2002 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2276 of 2002 Date of Decision: 22.4.2010 Jaspal Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Hardip Singh, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed by Jaspal Singh son of Balwant Singh, who was named as an accused in case FIR No. 118 dated 23.4.1996 registered at Police Station Sadar Patiala, under Sections 279 and 304-A IPC. The trial Court, vide its judgment dated 21.1.2000, held the petitioner guilty for the offence under Sections 279 and 304-A IPC. Vide a separate order, passed on the same day, the trial Court sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-, in default whereof, to further undergo rigorous imprisonment for a period of 30 days, for the offence under Section 304- A IPC. He was also sentenced to undergo rigorous imprisonment for a Criminal Revision No. 2276 of 2002 2 period of three months and to pay a fine of Rs.250/-, in default whereof, to further undergo rigorous imprisonment for a period of 15 days, for the offence under Section 279 IPC. Both the sentences were ordered to run concurrently. Aggrieved against the judgment of conviction and order of sentence, passed by the trial Court, the petitioner had filed an appeal. The Appellate Court, vide its judgment dated 13.11.2002, found no merit in the appeal and dismissed the same by upholding the conviction and maintaining the sentence. Briefly stated, the case of prosecution is that PW.3 Smt. Satya Devi, on 23.4.1996 at about 9.45 A.M., along with her grandson Vikram alias Vicky Talwar went to village Rouni on Luna moped bearing registration No. PB-11-E-4450 to meet her daughter Shanti Bala. The complainant came out of the house along with her daughter and was standing on the Nabha-Patiala road. When her grandson was crossing the road on his Luna, then a bus bearing registration No. PJG-7564 belonged to Pepsu Roadways Transport Corporation, driven by the petitioner, came at a very high speed in a rash and negligent manner and hit the Luna, as a result of which Vikram alias Vicky Talwar had received the injuries. He was brought to Rajindra Hospital, Patiala, where he succumbed to his injuries. The name of the driver was learnt as Jaspal Singh son of Balwant Singh. The trial Court had relied upon the testimony of PW.3 Satya Devi and came to the conclusion that the petitioner was guilty of the offence and ignored the testimony of DW.1 Mukhtiar Singh, Conductor of the offending bus. Criminal Revision No. 2276 of 2002 3 Mr. Hardip Singh, Advocate, appearing for the petitioner has stated that the findings of the trial Court were affirmed by the Appellate Court. Thus, he will not assail the conviction of the petitioner as no patent illegality or irregularity is discernible. The Appellate Court has also relied upon the testimony of DW.1 Mukhtiar Singh and came to the conclusion that the identity of the petitioner as a driver of the bus is not in dispute. However, learned counsel, in the alternative, has submitted that in the present case, the occurrence had taken place in the year 1996 and a period of about 14 years are going to elapse. The petitioner has already suffered mental pain and agony of protracted trial. He is a sole bread earner of his family. Learned counsel further submitted that in case the petitioner is sent behind the bars, at this stage, no useful purpose will be served but his family will come to the vagaries. He is ready to compensate the family of deceased Vikram alias Vicky Talwar, in monetary terms, which may provide some solace. Accordingly, sentence awarded to the petitioner is reduced to that of already undergone, however, sentence of fine is enhanced to Rs.35,000/-. The petitioner shall deposit the enhanced amount of fine in the trial Court, within three months, from the date of receipt of a certified copy of this order. The amount, so deposited, shall be disbursed to the legal heirs of the deceased. In case the amount of fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioner. With the observations made above, the petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge April 22, 2010 “DK”