Criminal Revision No. 2483 of 2003 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2483 of 2003 Date of Decision: 16.2.2010 Pancham alias Satbir Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Kuldeep Tiwari, Advocate for the petitioner. Ms. Hemlata Balhara, Assistant Advocate General, Haryana, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Pancham alias Satbir Singh was named as accused in case FIR No. 273 dated 19.10.1994, registered at Police Station Pehowa, under Sections 279 and 304-A IPC. He was tried by the Court of Sub Divisional Judicial Magistrate, Pehowa, who found the petitioner guilty of offence under Sections 279, 338 and 304-A IPC. However, the petitioner was only sentenced by the trial Court for offence under Section 304-A IPC to undergo simple imprisonment for 15 months. Aggrieved against the judgment of conviction and order of sentence, petitioner preferred an appeal. The lower Appellate Court upheld the conviction, however, reduced the sentence from 15 months to six months simple imprisonment. Criminal Revision No. 2483 of 2003 2 Shamsher Singh, Sub Inspector, along with companion police officials reached at Community Health Centre, Pehowa on 19.10.1994. The doctor declared injured Dharam Singh unfit to make statement. Therefore, statement of Bhupinder Singh, complainant, was recorded. It was stated by Bhupinder Singh, complainant, that he along with Swaran Singh son of Banta Singh was going to Grain Market, Pehowa, from his village on scooter. When they reached near Hamira Farm, Daljit Singh son of Inder Singh was going to Grain Market, Pehowa, with his Engine Rehra loaded with paddy. Dharam Singh, one woman and two/three persons were passengers on the Rehra. At that time, truck bearing registration No. PJI-2847 came. The truck was driven in a rash and negligent manner. The truck hit the Rehra from front side. The Engine Rehra turned turtle and Daljit Singh, driver, came under the wheel of the truck and died at the spot. The driver of the truck decamped from the spot. The complainant further stated that he can identify the driver of the truck. Ruqa, which contained statement of complainant, Ex.PI was sent to the Police Station for registration of formal FIR. The prosecution had examined eight witnesses and proved various documents on record. Mr. Kuldeep Tiwari, Advocate, appearing for the petitioner, has contended that since the findings of the trial Court were affirmed by the lower Appellate Court, he will not be in a position to assail the conviction of petitioner. However, he submitted that out of six months, petitioner has already undergone three months and eight days of his actual sentence. He prayed that sentence of petitioner be reduced to already undergone as petitioner is ready and willing to compensate the family of Criminal Revision No. 2483 of 2003 3 the deceased and furthermore petitioner has suffered protracted trial for more than 15 years. Taking these factors into consideration, this Court is of the view that by sending the petitioner behind the bars may not serve any useful purpose, however, family of the deceased can be compensated so that it may provide some succour. Accordingly, sentence awarded to the petitioner is reduced to already undergone, however, sentence of fine is enhanced to Rs.35,000/-. The petitioner shall deposit the enhanced amount of fine in the trial Court, within three months, from the date of receipt of certified copy of this order. The amount, so deposited, shall be disbursed to the legal heirs of the deceased. In case the amount of fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioner. With the observations made above, present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 16, 2010 “DK”