IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.358 of 2004 (O&M) DATE OF DECISION : 27th October, 2010 Gurmail Singh ...Petitioner Vs. State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE A.N.JINDAL Present : Mr.L.S.Sidhu, Advocate for the petitioner Mr.Amit Chaudhary, AAG, Punjab A.N.JINDAL,J (ORAL) Challenge in this petition is to the judgment dated 10.1.2004, passed by Additional Sessions Judge, Patiala, dismissing the appeal of the petitioner-accused (hereinafter referred as ‘the petitioner’) against the judgment dated 01.04.2002, passed by the trial Court, slapping him the sentence of rigorous imprisonment for a period of two years and to pay a fine of Rs.3000/- under Sections 279/304A IPC. The allegations against the petitioner are that on 22.3.1994 petitioner accused while driving the truck in a rash and negligent manner, caused death of Ganesh Kumar. Consequently, on trial, he was charged, tried, convicted and sentenced accordingly. His appeal also failed with modification in the sentence to 1½ years under Section 304-A IPC. Criminal Revision No.358 of 2004 (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 1994 and the sword of sentence remained hanging over his head for the last fourteen years. No bad antecedents have been brought on record to enable this Court to dub him as habitual offender, therefore, it would be in the fitness of things to take a lenient view in the matter. Resultantly, this petition is dismissed with the modification in the sentence which is reduced to nine months without any alteration in the sentence of fine. Copy of the order be sent to Chief Judicial Magistrate, Patiala for compliance. (A.N.JINDAL) October 27, 2010 JUDGE p.singh