Criminal Revision No. 901 of 2004 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 901 of 2004 Date of Decision: 26.5.2009 Hawa Singh …Petitioner Versus State of U.T. Chandigarh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. H.S. Bhullar, Advocate for the petitioner. None for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Present petition has been filed by Hawa Singh son of Sudan Singh. He was tried in case FIR No. 197 dated 28.12.1996 registered at Police Station East, Chandigarh, under Sections 279, 304-A IPC and 3/181 of the Motor Vehicles Act. The Court of Additional Chief Judicial Magistrate, Chandigarh, found petitioner guilty of offence under Sections 279 & 304-A IPC and sentenced him under Section 304-A IPC to undergo rigorous imprisonment for 15 months and to pay a fine of Rs.1,000/-, in default whereof to further undergo rigorous imprisonment for three months. The petitioner was also sentenced under Section 279 IPC to undergo rigorous imprisonment for six months. Both the sentences were ordered Criminal Revision No. 901 of 2004 2 to run concurrent. Aggrieved against the same, petitioner has filed an appeal. The Court of Additional Sessions Judge, Chandigarh, dismissed the appeal and upheld his conviction. However, sentence awarded upon the petitioner was reduced from 15 months to one year under Section 304-A IPC. However, sentence awarded under Section 279 IPC was maintained. Briefly stated, FIR Ex.PB was recorded on the statement made by D.Raju. He stated that he was resident of House no. 2333/3, Sector 45-C, Chandigarh and working as an Accountant in Needle Factory. On 28.12.1996, he was going on a scooter from his factory to Sector 26, Chandigarh. When he reached near the crossing of Sectors 27, 28, 29 & 30, he found that one person was going on a scooter bearing registration No. CH-01-k-6395 then one bus of Haryana Roadways came in a rash & negligent manner and collided with the scooter. The scooter driver fell and the bus, after crushing the scooter driver, dragged the scooter towards foot path. It was stated in the statement that driver after stopping the bus disclosed his name and particulars. The scooter driver died at the spot. From the driving license, name of scooter driver was found to be Murli Dharan Nayyar. Report under Section 173 Cr.P.C. was submitted. Petitioner was charged for offences. Prosecution examined complainant D.Raju as PW.1. He reiterated the version given in the FIR. Dr. R.K. Mehta appeared as PW.2; P.V. Sudharan appeared as PW.3; PW.4 Subhash Chand, Assistant Sub Inspector submitted Mechanical Test Report of the bus; Criminal Revision No. 901 of 2004 3 PW.5 Bhagwant Singh had taken the photographs of the spot; PW.6 Radha Krishan had identified the dead body; Chander Mohan, Sub Inspector, Police Post Bapu Dham, appeared as PW.7, who is the Investigating Officer of the case. Thereafter, statement of accused/petitioner under Section 313 Cr.P.C. was recorded. All the incriminating evidence was put to the accused/petitioner. In defence, petitioner examined Raj Kumar as DW.1, Surjit Singh as DW.2, Bal Krishan as DW.3 and Darshan Lal as DW.4. Mr. H.S. Bhullar, Advocate, appearing for the petitioner has stated that he will not be in a position to assail conviction of the petitioner and shall confine his prayer to reduction of the sentence. It is submitted that in the present case, occurrence had taken place in the year 1996. Petitioner has suffered a protracted trial of more than 12 years. It is further submitted that petitioner has got four children and parents to look after. Counsel has referred to order of sentence where quantum of sentence was determined. It has been noticed therein that the parents of the petitioner are blind. Counsel further submitted that petitioner has not committed any offence before registration of the case and thereafter. Mr. Bhullar has further submitted that petitioner is ready and willing to compensate the family of deceased. The appeal of the petitioner was dismissed. Mr. Bhullar has stated at bar that petitioner has undergone four months during trial and 14 days thereafter, in all petitioner has undergone four months & 14 days of his actual sentence. Taking into consideration protracted trial, antecedents and the fact that the petitioner has undergone four months & 14 days and his Criminal Revision No. 901 of 2004 4 conduct that he had not run away from the spot and disclosed his name & particulars to the witnesses, I am of the view that sentence awarded upon the petitioner can be reduced to already undergone. However, sentence of fine is enhanced to Rs.35,000/-. The amount of fine shall be deposited in the trial Court within three months from the date of receipt of certified copy of the order. The amount of fine so deposited shall be disbursed to the legal heirs of the deceased. In case the enhanced amount of fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioner. With these modifications, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 26, 2009 “DK”