Criminal Revision No. 1362 of 1998 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1362 of 1998 Date of Decision: 24.2.2010 Darshan Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. P.S. Ghuman, Advocate for the petitioner. Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Accused Darshan Singh is present in this Court along with his counsel Mr. P.S. Ghuman, Advocate. Counsel for the petitioner, at the outset, has stated that he will not assail conviction of the petitioner and prays to this Court that sentence awarded to him be adequately reduced, taking into consideration the fact that the occurrence had taken place on 30.8.1996 and the petitioner has already suffered a protracted trial of about 14 years. It is further submitted that the petitioner is ready and willing to compensate the family of deceased. In the context of the prayer made by counsel for the petitioner, this Court shall notice facts of the case briefly. The petitioner was posted as a driver on the bus bearing Criminal Revision No. 1362 of 1998 2 registration No. PB-03-1081. The charge formulated, against the petitioner, was that he had caused the death of one Jagdev Singh in an accident and committed an offence under Section 304-A IPC and further that in the said occurrence, Rajwinder Singh had also suffered injury, for which a separate charge under Section 337 IPC was formulated. Briefly stated, case of the prosecution is that on 30.8.1996, complainant Darshan Singh along with one Surinder Singh was going on a scooter to Bhucho Mandi for getting medicines. Jagdev Singh son of Bela Singh along with his son Rajwinder Singh was also accompanying them on another scooter. Jagdev Singh was ahead of them. When they reached near link road of Sema to Bhucho Kalan, Jagdev Singh turned his scooter towards Bhucho Kalan, after crossing the road. At that time, a bus driven by the petitioner came and collided with the scooter. The bus ran over Jagdev Singh, who died at the spot, whereas Rajwinder Singh had suffered injuries. Darshan Singh made a statement to the police Ex.PB on the basis of which formal FIR Ex.PB/2 was recorded. Prosecution examined six witnesses, namely PW.1 Dr. S.S. Malik, PW.2 Dr.Ved Parkash Garg, PW.3 Baljit Sharma, PW.4 Darshan Singh, PW.5 Surinder Singh and PW.6 Baljinder Singh. Counsel for the petitioner has submitted that in the present case, two Courts below have placed implicit reliance upon the testimony of PW.4 Darshan Singh and PW.5 Surinder Singh. Therefore, he has already made a submission at the outset before this Court that he will not assail the conviction of petitioner. Counsel has also submitted that petitioner was held guilty of offence under Section 304-A IPC and was sentenced to undergo rigorous imprisonment for a period of two years Criminal Revision No. 1362 of 1998 3 and to pay a fine of Rs.2,000/-. In default of payment of fine, to further undergo rigorous imprisonment for two months. Counsel for the petitioner has submitted that aggrieved against the judgment of conviction and order of sentence, the appellant had filed an appeal. The Appellate Court below had upheld the conviction and maintained the sentence. Counsel for the petitioner further submitted that the petitioner was taken into custody on 18.11.1998 and he was ordered to be released on bail by this Court on 15.12.1998. Thereafter, he was released from the jail. Thus, he has undergone about one month of actual sentence. Counsel for the petitioner has further submitted that the petitioner has not committed any other offence before or after the present occurrence and he is a sole bread earner of the family. Taking into consideration the submissions made by counsel for the petitioner and the fact that the petitioner suffered mental pain and agony of protracted trial for the last about 14 years, this Court is of the view that sending the petitioner behind the bars, at this stage, will not serve any useful purpose. However, in case some compensation is awarded to the family of deceased, it may provide some solace. Accordingly, sentence awarded to the petitioner is reduced to the period already undergone, however, the 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 this order. In case, the amount of fine is not deposited by the petitioner, benefit of reduction in sentence shall not accrue to him. Criminal Revision No. 1362 of 1998 4 With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 24, 2010 “DK”