Criminal Revision No. 1463 of 2004 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1463 of 2004 Date of Decision: 16.2.2010 Darshan Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Kulwant Singh, Advocate for Mr. Ashish Aggarwal, Advocate for the petitioner. Ms. Hemlata Balhara, Assistant Advocate General, Haryana, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed by Darshan Singh son of Pala Singh. He was named as accused in case FIR No. 207 dated 20.12.1999 registered at Sidhwan Bet under Sections 279 and 304-A IPC. The trial Court found petitioner guilty of offence under Sections 279 and 304-A IPC. The petitioner was sentenced to undergo rigorous imprisonment for three months and to pay fine of Rs.250/- for offence under Section 279 IPC. In default of payment of fine, to further undergo simple imprisonment for one month. The petitioner was also sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.3,000/- for offence under Section 304-A IPC. In default of payment of fine, to further undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrent. Dalip Singh, Assistant Sub Inspector, along with other police Criminal Revision No. 1463 of 2004 2 officials, was on patrol duty when Zora Singh son of Gurnam Singh appeared and got his statement recorded. In the statement, it was stated that the complainant was engaged in the business of repairing tyres. On 19.12.1999, he had gone to village Gidderwindi. When he was returning home on his scooter No. PB-10-AE-5020, Maghar Singh, his co-brother was going on his scooter No. PB-25-A-4286 to the house of complainant ahead of him. At about 6.30 P.M. When they were at a distance of 300 yards from the drain, then a truck loaded with bricks came from the side of village Gidderwindi and collided with the scooter of Maghar Singh. The rear tyre of the truck ran over Maghar Singh, who died at the spot. The complainant could not note the number of truck and the truck driver also fled away from the spot. The prosecution examined PW.1 Pal Singh, PW.2 Ram Gopal alias Bhola Singh, PW.3 Zora Singh, PW.4 Harjinder Singh, PW.5 Dalip Kumar, Assistant Sub Inspector, PW.6 Jaswant Singh, PW.7 Dr. Jatinder Syal, PW.8 Kulwinder Singh and PW.9 Teja Singh, Head Constable. The statement of accused was recorded under Section 313 Cr.P.C. All the incriminating evidence was put to him. He denied the same and pleaded false implication. Counsel for the petitioner submits that the appeal filed by the petitioner was also dismissed. The conviction of petitioner was upheld and sentence was maintained. Counsel for the petitioner submits that he will not assail the conviction of petitioner as the two Courts below have placed implicit reliance upon the testimony of witnesses who have deposed against the Criminal Revision No. 1463 of 2004 3 petitioner. It is further submitted that in the present case, occurrence had taken place in December 1999. Petitioner has already suffered mental pain and agony of protracted trial of more than ten years. It is further submitted that the petitioner has already undergone five months of his actual sentence and he is ready and willing to compensate the family of deceased Maghar Singh. This Court is of the view that that the petitioner has already undergone five months of his actual sentence and suffered protracted trial of more than ten years, therefore, sending him behind the bars may not serve any useful purpose and payment of compensation to the family of deceased may provide some succour. It is further submitted that the petitioner has not committed any other offence before or after the present occurrence and is leading a life of honest citizen. Taking these factors into consideration, sentence awarded to the petitioner is reduced to 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 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 present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 16, 2010 “DK”