Criminal Revision No.1603 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1603 of 2005 Date of Decision: August 31, 2010 Hussain Lal .......Petitioner Versus State of Punjab .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Mohd.Yousaf, Advocate for the petitioner. Mr.JS Bhullar, Assistant Advocate General, Punjab. <><><> JITENDRA CHAUHAN, J. 1. The petitioner was tried by the Court of Judicial Magistrate Ist Class, Dasuya (hereinafter referred as “trial Court”) under Section 279/304- A of the Indian Penal Code on the allegations that on 2.11.1999, he while driving truck No.PJU-9813, in a rash and negligent manner, hit the rear side of cycle of the son of the complainant, due to which he fell down on the road and died at the spot, because front left tyre of the truck ran over his head. 2. On conclusion of trial, the learned trial Court held the petitioner guilty under Section 279/304-A of the Indian Penal Code and accordingly, Criminal Revision No.1603 of 2005 -2- sentenced him to undergo rigorous imprisonment for six months under Section 279 of the Indian Penal Code and also to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/- under Section 304-A of the Indian Penal Code and in default of payment of fine, to further undergo rigorous imprisonment for two months. Both the sentences were ordered to run concurrently. 3. On appeal by the accused-petitioner, the lower appellate Court dismissed the same. Hence, the present revision by the petitioner. 4. The sentence of the petitioner was suspended on 19.10.2005 and the revision petition was admitted on 14.7.2006. 5. Learned counsel for the petitioner does not dispute the finding of the learned Courts below and confined his argument to the reduction of sentence mainly on the ground that the present petitioner is facing agony of protracted trial for the last about 11 years. Further, it is stated that it was a solitary accident and there is nothing to suggest that the petitioner is a previous convict or repeated the offence after having been released on bail. The petitioner is stated to have already undergone sentence for three months and three days. 6. Undisputedly, the present petitioner is facing the agony of protracted trial for the last about 11 years and there is nothing to suggest that he repeated the offence. 7. Thus, the ends of justice would be sufficiently met if the sentence imposed upon the petitioner, under Sections 279/304-A of the Indian Penal Code, is reduced to the period already undergone by him. 8. Accordingly, the conviction of the petitioner is maintained, but the sentence awarded to him is reduced to the period already undergone. Criminal Revision No.1603 of 2005 -3- However, the amount of fine stands enhanced to Rs.50,000/- to be deposited before the Chief Judicial Magistrate, Dasuya/Hoshiarpur within a period of three months from the date of receipt of a certified copy of this order. In case of non-payment of amount of enhanced fine, the present revision petition shall be deemed to have been dismissed. 9. With the above modification/direction, the present criminal revision petition stands disposed of. ( JITENDRA CHAUHAN ) August 31, 2010 JUDGE SRM Note: Whether to be referred to reporter ? Yes/No