IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1428 of 2005 (O&M) DATE OF DECISION : 28th October, 2010 Ram Rattan ...Petitioner Vs. State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE A.N.JINDAL Present : Mr.G.S.Kaura, Advocate for the petitioner Mr.Amit Chaudhary, AAG, Punjab A.N.JINDAL,J (ORAL) Challenge in this petition is to the judgment dated 14.07.2005, passed by Additional Sessions Judge, Moga, dismissing the appeal of the petitioner-accused (hereinafter referred as ‘the petitioner’) against the judgment dated 10.01.2004 passed by the trial Court, vide which he was slapped him the sentence of rigorous imprisonment for a period of six months and fine of Rs.100/- under Section 279 IPC and to further undergo R.I. for a period of one year and fine of Rs.400/- under Section 304-A IPC. The allegations against the petitioner are that on 24.09.1999 accused caused the death of Kulwant Singh while driving his canter rashly and negligently. Consequently, on trial, he was charged, tried, convicted and sentenced accordingly. His appeal also failed. Criminal Revision No.1428 of 2005 (O&M) -2- Without assailing the judgment of conviction, learned counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Even otherwise, on scrutiny of the impugned judgment, it transpires that the evidence led by the prosecution appears to have been appreciated in the right perspective. No such illegality much less irregularity or perversity was found or detected in the conduct of trial or procedure, which may result into miscarriage of justice or failure of justice, therefore, the findings returned by the Courts below regarding conviction do not call for any interference at this revisional stage. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1999 and the sword of sentence remained hanging over his head for the last eleven years. However, keeping in view that a valuable life has been lost on account of his fault within the twinkling of an eye, the entire sentence passed against him can’t be wiped out but some reduction could be made. Resultantly, this petition is dismissed with the modification in the sentence which is reduced to nine months. Copy of the order be sent to Chief Judicial Magistrate, Moga, for compliance. (A.N.JINDAL) October 28, 2010 JUDGE p.singh