IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.2461 of 2009 (O&M) Date of Decision:- 06.11.2009 Khurshid ....Petitioner(s) versus. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Ashok Tyagi, Advocate, for the petitioner. Mr.Ashok Kumar Jindal, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. The present revision petition has been preferred against the judgment and order dated 11/12.1.2008 passed by the Judicial Magistrate, Ist Class, Rewari, vide which the petitioner has been convicted under Sections 279 and 304-A IPC but sentenced only under Section 304-A IPC to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month, and the judgment and order dated 4.9.2009 passed by the learned Additional Sessions Judge, Rewari, vide which the sentence of the petitioner has been reduced from one year to six months, however, the amount of fine was to remain intact. Counsel for the petitioner submits that he does not want to press the present petition on merits of the case and prays for interference only on the quantum of sentence. However, he submits that the petitioner has four unmarried children to support and is the sole bread-winner of his Crl.Rev.No.2461 of 2009 (O&M) -2- family. He further contends that the petitioner has faced the agony of protracted trial/appeal for the last more than 9 years and, therefore, his sentence may be reduced. After the conviction also, the petitioner has undergone sentence of two months. Counsel contends that the petitioner is ready and willing to compensate monetarily the family of the deceased, namely, Maal Singh, and prays for being released so that he is in a position to support his family failing which the family would be ruined and starved. Counsel for the respondent-State has been unable to rebut the contentions which have been raised by the counsel for the petitioner. Keeping in view the totality of the circumstances of the case and in the light of the fact that the petitioner has four children to support and it was a solitary case of accident and he being the sole bread-winner of the family, apart from the fact that he has been facing the agony of protracted trial/appeal for the last more than 9 years, a lenient view should be taken in the matter. Thus, the ends of justice would be amply met with if the sentence of the petitioner is reduced. Accordingly, the same is reduced to the period already undergone, however, subject to payment of compensation of Rs.40,000/- to the legal representatives of the deceased-Maal Singh, to be deposited by the petitioner within a period of three months in the Court of Judicial Magistrate, Ist Class, Rewari. The amount so deposited shall be disbursed to the legal representatives of the deceased, Maal Singh, within a period of two months from the date of deposit. The above reduction in sentence shall come into effect from the date of deposit of the compensation amount by the petitioner, as assessed Crl.Rev.No.2461 of 2009 (O&M) -3- above. In case of failure of the petitioner to deposit the amount within the time stipulated, the sentence awarded by the Judicial Magistrate, Ist Class, Rewari, vide order dated 11/12.1.2008 shall come into operation. With the above modification in the sentence, the revision petition stands disposed of. November 06, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE