IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Revision No.223 of 2002 (O&M) Date of decision : 16.2.2010 Gurmail Singh … Petitioner Versus State of Punjab …Respondent CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.Rahul Rathore, Advocate for the petitioner. Mr.J.S.Sandhu, AAG, Punjab. Sabina J. Petitioner was convicted for an offence under Section 304A, 468, 471 of the Indian Penal Code (`IPC' for short) vide judgment dated 17.5.2001 by the Judicial Magistrate Ist Class Mansa. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of one year under Section 304A, 468, 471 IPC and to pay a find of Rs.200 under each section. All the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Mansa vide judgment dated3.11.2001. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in paras 2 of its judgment, are as under:- “Prosecution story, in brief, is that on 14.2.1998 ASI Bant Singh of Police Station, Joga along with his co-officials , in official canter was present at bus stand Aklia while on patrol duty. Karampreet Singh alias Bittu son of Manjit Singh resident of Joga got recorded his statement before ASI at that time and place. He got recorded that he was hailing from village Joga and was doing agriculture. On 14.2.1998, he and Raghvbir Singh alias Bhola son of Pritam Singh resident of Rarh were coming towards village Rarh and Joga on his scooter bearing registration No.PB-03-6450. It was at about 7.00 p.m. when they were one kilometer short of village Aklia, Jugraj Singh son of Gurdev Singh resident of Atla Crl.Revision No.223 of 2002 (O&M) Kalan was going towards village Aklia on his Yamaha Motor Cycle bearing No.HR-08-3254 ahead of them. When they reached abreast Kothas (room) of Major Dairywala, they saw a jeep bearing No.HXT-5743 coming from front side. Name of its driver later on came to know as Gurmail Singh resident of Tungwali. He came from the side of Aklia driving jeep rashly and negligently. He had taken his jeep on wrong side. Side of jeep struck against motor cycle of Jugraj Singh. Due to such collusion, Jugraj Singh along with his motor-cycle fell down on road and he had sustained injuries in his forehead and on right leg. Jugraj Singh had died at the spot. Jugraj Singh died due to accident caused by rash and negligent driving of Jeep. Karampreet Singh (complainant) had left Raghvir Singh at the spot and he was going to Police Station to impart information to Police when in the way ASI met him before whom he had got recorded his statement. Driver of Jeep had fled away from place of accident by taking benefit of darkness by leaving the jeep at the spot. On basis of such statement of complainant, FIR was got lodged. Situation after accident was got photographed from Jaswinder Singh alias Jassi Photo Studio.Blood stained earth was lifted. Its parcel was prepared. It was sealed by ASI with his seal of description ‘BS’. Separate sample seal was prepared. Parcel was taken into possession vide its recovery memo. Inquest report of dead body was prepared. Rough site plan of place of recovery was prepared. Dead body of Jugraj Singh was got post-mortemed. Driving license of driver and registration certificate of jeep were taken into possession. Then it came to know that registration number of jeep was actually MXT-5743. Broken pieces of vehicles and motor cycle were taken into possession vide recovery memo. On 17.2.1998 Gurmail Singh accused was arrested and was released on bail. Mechanical test of jeep and motor cycle got conducted. Photographs of situation after accident were taken into possession vide recovery memo. Statements of prosecution witnesses were recorded. After completion of investigation challan was presented before Court for offences punishable under Sections 304- A/468/427/471 IPC.” 2 Crl.Revision No.223 of 2002 (O&M) Learned counsel for the petitioner during course of arguments has not challenged the conviction of the petitioner under Sections 304A, 468, 471 IPC. Learned counsel for the petitioner has submitted that the petitioner has already undergone more than 4 months of actual sentence. Petitioner is the only bread-earner of the family and has small children and old aged parents to look after. The petitioner is not a previous convict. Keeping in view the submissions made by learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Accordingly, conviction of the petitioner is maintained. However, sentence qua imprisonment under Sections 304A, 468, 471 IPC is reduced to already undergone by the petitioner. Fine is stated to have already been deposited. Petition stands disposed of, accordingly. [ Sabina ] Judge 16.02.2010 sd 3