IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.471 of 2004 DATE OF DECISION: April 1, 2009 AZAD SINGH S/O SH. RATI RAM ...PETITIONER VERSUS STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. SAILENDER SINGH, ADVOCATE FOR THE PETITIONER. MR. AMIT KHATKAR, AAG, HARYANA. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has been convicted under Section 279 IPC and has been sentenced to undergo R.I. for 6 months and to pay a fine of Rs.500/- by the Judicial Magistrate Ist Class, Panipat vide judgement dated 23.7.2003 and order of sentence dated 24.7.2003. The appeal filed by the petitioner has been dismissed by the Addl. Sessions Judge, Panipat vide judgement dated 4.2.2004, and the conviction and sentence of the petitioner under Section 279 IPC has been upheld. It is pertinent to mention here that the petitioner was charged under Section 304-A IPC, but has been acquitted by the trial Court and no appeal against acquittal under Section 304-A was filed by the State. Mr. Sailender Singh, counsel for the petitioner states that he does not challenge the findings of the Court below as far as the conviction of the petitioner is concerned, but a lenient view be taken while sentencing the petitioner as the accident is alleged to have taken place on 4.3.1997, and the petitioner has already suffered a long and protracted trial for approximately 12 years. Crl.R. No.471 of 2004 -2- Keeping in view the fact that the petitioner has already suffered a long and protracted trial of almost 12 years and has been acquitted under Section 304-A IPC, therefore, I reduce the sentence of the petitioner to the one already undergone by him, subject to the condition that the petitioner pays a compensation of Rs.30,000/- to the L.R.s of the deceased Bahadur S/o Balbir, over and above the compensation which may have received from the Motor Accident Claims Tribunal. The petitioner shall deposit the compensation in the Court of Judicial Magistrate Ist Class, Panipat within a period of 3 months from today and the Court shall inform the L.R.s of the deceased Bahadur of their right to receive the compensation. In case the petitioner does not deposit the compensation now awarded, he shall be taken in custody forthwith to serve out the remaining portion of sentence. Revision petition disposed of. April 1, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE