IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.138 of 2002 DATE OF DECISION: April 15, 2009 VED PARKASH ...PETITIONER VERSUS THE STATE OF U.T. CHANDIGARH ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR.GUR RATTAN PAL SINGH, ADVOCATE FOR THE PETITIONER. MR. RAJEEV SHARMA, CENTRAL GOVT. COUNSEL FOR THE RESPONDENT. ASHUTOSH MOHUNTA, J.(ORAL) The challenge in this writ petition is to the judgement dated 4.3.1997, passed by the Judicial Magistrate Ist Class, Chandigarh vide which the petitioner was convicted under Section 279 and 304-A IPC and was ordered to pay a fine of Rs.2000/- for offence under Section 279 IPC and to undergo R.I. for 1 year for the offence under Section 304-A IPC. In default the petitioner was to undergo simple imprisonment for 1 year. The aforementioned judgement was challenged by the petitioner by filing an appeal which has also been dismissed and the conviction and sentence has been upheld by the Addl. Sessions Judge, Chandigarh vide his judgement dated 5.1.2002. Mr. Gur Rattan Pal Singh, counsel for the petitioner submits that he does not wish to challenge the conviction of the petitioner, however, a lenient view be taken while sentencing the petitioner as the occurrence took place as far back as on 5.12.1989. Learned counsel also submits that the conduct of the petitioner has been good after the accident and that the petitioner has faced the agony of long and protracted trial more than 19 years. Crl.R. No.138 of 2002 -2- After hearing the counsel for the petitioner, I am of the considered opinion that the petitioner has already faced a very long and protracted trial as the occurrence took place on 5.11.1989 and therefore, it would not be proper to sent the petitioner back in jail to serve out the sentence. In view of the aforementioned facts, I reduce the sentence of the petitioner to the one already undergone by him. However, a young boy, namely, Raj Kumar S/o Harbans Lal whose address at the time of post-mortem report was H.No.2054, Dadu Majra Colony, Chandigarh has died in the accident, therefore, I award a compensation of Rs.40,000/- which shall be paid by the petitioner to the legal heirs of the deceased. The aforementioned amount be deposited in the Court of Judicial Magistrate Ist Class, Chandigarh within a period of 4 months from today, which shall be disbursed to the legal heirs of the deceased by the Court. In the event of non-deposit of the compensation, the petitioner shall be taken in custody forthwith and shall serve out the remaining portion of his sentence as awarded to him by both the Courts below. It is also made clear that the aforementioned amount shall be over and above the amount which may have been received by the L.R.s of the deceased from the Motor Accident Claims Tribunal. Crl.Revision petition disposed of. April 15, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE