Criminal Revision No.1004 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1004 of 2009 Date of Decision: 8 - 6 - 2009 Zile Singh .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.D.S.Nain, Advocate for the petitioner. Mr.S.S.Mor, Sr. DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been preferred by Zile Singh son of Nihal Singh. He was tried in case FIR No.103 dated 6.9.1999 registered at Police Station Kalayat under Sections 279, 337, 304-A IPC. The Court of Chief Judicial Magistrate, Kaithal held the petitioner guilty for offence under Sections 279 and 304-A IPC and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs.200/- under Section 279 IPC and also sentenced him to undergo rigorous imprisonment for nine months and to pay a fine of Rs.500/- under Section 304-A IPC. Since fine was paid, no sentence was awarded in default. Aggrieved against the order of Chief Judicial Magistrate, Kaithal, petitioner filed an appeal. Sessions Criminal Revision No.1004 of 2009 [2] Judge, Kaithal also dismissed the appeal. Briefly stated, case of the prosecution is that Jaswant Singh complainant stated that he is a resident of Village Dubbal. He has purchased a three wheeler. Since three wheeler was purchased 3-4 months ago, no registration number was applied and assigned. On 6.9.1999, Jaswant Singh along with his brother Angrej Singh and other family members, namely, Bhana, Leera, Ratna, Ram Ratti, Phulli and Meera were going from Village Songal to village Dubbal after offering condolence to one of their acquaintance. At that time, three wheeler of the complainant was hit by Mini bus belonging to R.K.S.D. School. Due to accident, Angrej Singh brother of Jaswant Singh died at the spot. Phulli, Ram Ratti and Meera received grievous injuries. Petitioner who was driver, stopped the bus and disclosed his name. Prosecution examined nine witnesses. Two Courts below after appreciating the evidence, found the petitioner to be guilty. One of the argument raised was that the doctor who conducted the autopsy, was not examined, therefore, death was not proved. Investigating Officer SI Nar Singh proved inquest report Ex.PW-9/A and Ex.PW-9/B wherein it was stated that after dead body was identified, it was handed over to relatives. This fact is sufficient to infer that Angrej Singh died due to accident. Even otherwise, there is testimony of Jaswant Singh PW-5 to this effect. At this stage, counsel for the petitioner state that he will not be in a position to assail the conviction and pray to this Court that taking into consideration that petitioner is in the corridors of the Courts since 1999 and has suffered a protracted trial, he should be leniently dealt with. Counsel for the petitioner stated that petitioner is the sole bread earner of his family Criminal Revision No.1004 of 2009 [3] and has large family to support. It is stated that parents and three children are dependent upon the petitioner. Counsel for the petitioner further submit that petitioner has not committed any offence prior to registration of the present FIR and thereafter. Counsel for the State submit that so long as conviction is maintained, reduction in sentence is discretion of the Court. Taking into consideration protracted trial, antecedents and conduct of the petitioner, sentence awarded by two Courts below is reduced from nine months rigorous imprisonment to six months rigorous imprisonment. However, the sentence of fine is maintained. Revision petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) June 8, 2009. JUDGE RC