Criminal Revision No. 428 of 1992 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 428 of 1992 Date of Decision: 31.01.2008. Sudesh Chand …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Fariad Singh Virk, Advocate for the petitioner. Mr. Amit Chaudhary, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner Sudesh Chand was convicted and sentenced by the Court of learned Sub Divisional Judicial Magistrate, Kharar under Section 304-A IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default thereof, to further undergo rigorous imprisonment for three months. He was also convicted and sentenced to undergo rigorous imprisonment for six months under Sections 279/337 IPC. Aggrieved against the same, petitioner filed an appeal. The Criminal Revision No. 428 of 1992 2 appeal was also dismissed by the Court of learned Additional Sessions Judge, Kharar. In the present case occurrence has taken place on 1.1.1989 when a bus driven by the petitioner had hit Moped No. CHS-2044, due to which Rulda Singh had died. Mr. Fariad Singh Virk, Advocate, appearing for the petitioner, has stated that in the present case occurrence is more than 19 years old. Appeal of the petitioner was dismissed on 8.7.1992. He has undergone about eight days. In the head note of judgment of trial Court, age recorded of the petitioner is 56 years. According to learned counsel, petitioner is now more than 75 years. I find no justification to send an old man of 75 years behind the bars after 19 years. Accordingly, sentence is reduced to already undergone. However, learned Additional Sessions Judge has noticed that Rulda Ram, who died in the accident, was aged 24 years and has a widow to look after. In the circumstances, the sentence of fine is enhanced to Rs.30,000/- and the same shall be paid in the Court on or before 15.4.2008. Non payment of fine by the petitioner shall be considered as dismissal of present petition. Payment of fine shall be paid to the legal heirs of deceased Rulda Ram. The present revision petition stands disposed of, accordingly. (Kanwaljit Singh Ahluwalia) Judge January 31, 2008 “DK”