CRR No.3381 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3381 of 2010 (O&M) Date of decision: 27.01.2011 Jaswinder Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Sanjay Gupta, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Petitioner was found guilty under Sections 279/304-A of the Indian Penal Code by the learned Trial Court and was sentenced to undergo rigorous imprisonment for a period of six months for the offence punishable under Section 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- and in default to further undergo rigorous imprisonment for a period of one month under Section 304-A IPC. Both the sentences were ordered to run concurrently. Aggrieved by the judgment of the learned Trial Court, accused/petitioner preferred an appeal beofre the learned Appellate Court/Sessions Judge, Shaheed Bhagat Singh Nagar, which was dismissed by the learned Appellate Court vide judgment dated 27.10.2010, however, sentence awarded under Section 304-A IPC was reduced from two years to one year. CRR No.3381 of 2010 (O&M) -2- Learned counsel for the petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 279/304-A IPC. Learned counsel for the petitioner states that the accused/petitioner is in jail w.e.f. 27.10.2010. Ms. Bhavna Gupta, DAG, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. She further submits that the petitioner/accused has already undergone about three months sentence. I have heard learned counsel for the parties and have perused the record. In the opinion of this Court, no useful purpose would be served by keeping the accused/petitioner in the company of hardcore criminals; Reducing the sentence for the period already undergone and enhancing the fine to be paid to the LRs of the deceased seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, fine imposed upon the petitioner is enhanced to Rs.25,000/- over and above the fine already imposed by the Trial Court. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the LRs of the deceased as compensation under Section 357 Cr.P.C. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed. With above mentioned modification in the matter of sentence, this revision petition stands disposed of. (Alok Singh) Judge January 27, 2011 R.S.