IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1796 of 2009 Date of decision : November 26, 2009 Sukhwinder Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. SM Sharma, Advocate for Mr. Anurag Arora, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Sukhwinder Singh has filed this revision petition assailing his conviction and sentence by the courts below. Learned Sub Divisional Judicial Magistrate, Dhuri vide judgment and order dated 20.11.2006 convicted the petitioner under sections 279, 337, 338 and 304 IPC and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs 500/- under sections 279 and 337 IPC each; to undergo rigorous imprisonment for nine months and to pay fine of Rs 500/- under section 338 IPC and to undergo rigorous imprisonment for two years and to pay fine of Rs 2000/- under section 304- A IPC. All the sentences were ordered to run concurrently. Appeal preferred by the petitioner has been dismissed by learned Additional Criminal Revision No. 1796 of 2009 -2- Sessions Judge, Sangrur vide judgment dated 11.7.2009. Feeling aggrieved, the instant revision petition has been preferred. Vide order dated 20.7.2009, conviction of the petitioner has been upheld and notice of motion was issued re: quantum of sentence only. Custody certificate of the petitioner filed today in Court by learned State counsel is taken on record. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contended that the accident took place on 11.12.2007 i.e. almost 8 years ago and the petitioner has already remained in custody for over 4½ months. Prayer has been accordingly made for reduction in sentence. The prayer has been opposed by learned State counsel contending that the action of the petitioner in rash and negligent driving of the truck resulted in death of a person and injuries to other person and therefore, sentence does not warrant any reduction. I have carefully considered the rival contentions. Keeping in view the fact that the accident took place almost 8 years ago and also keeping in view that one person lost his life and other person suffered injuries in the accident, I am of the considered view that ends of justice would be met if the sentence of imprisonment under section 304-A IPC is reduced from two years to one year while maintaining remaining part of sentence as ordered by the courts below. It is ordered accordingly. Criminal Revision No. 1796 of 2009 -3- With reduction in sentence as aforesaid, the instant revision petition stands disposed of accordingly. ( L.N. Mittal ) November 26, 2009 Judge 'dalbir'