Criminal Revision No.1955 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1955 of 2003 Date of Decision: 10.09.2010 Jaibir Singh ...... Petitioner VERSUS State of Haryana ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr. Ajit Sihag, Advocate for the petitioner. Mr. J. S. Rattu, DAG, Haryana. ***** A.N.JINDAL, J: Assailed in this petition is the judgment dated 12.09.2003, passed by Addl. Sessions Judge, Kurukshetra, dismissing the appeal of the petitioner-accused (herein referred as the petitioner) against the judgment dated 16.02.2001, passed by Additional Chief Judicial Magistrate, Kurukshetra, convicting and sentencing him to undergo rigorous imprisonment for three months and to pay a fine of Rs.1000/- under Section 279 IPC and rigorous imprisonment for nine months and to pay a fine of Rs.5,000/- under Section 304-A IPC. Allegations against the petitioner are that he while driving truck bearing registration No.HR-21-GA/0191, rashly and negligently, struck against the bicycle of Rajesh, consequently he fell down and succumbed to his injuries. The petitioner was tried, convicted and sentenced accordingly. His appeal also failed. Without making any exception to the impugned judgment of conviction, learned counsel for the petitioner has sought indulgence of this Criminal Revision No.1955 of 2003 -2- Court only on the quantum of sentence. Even otherwise, on scrutiny of the impugned judgment, the evidence, as examined by the prosecution, appears to have been appreciated in the right perspective. The judgment of conviction is well found and well reasoned. No such defect or illegality worth the name suggesting interference of this Court has been brought to the surface. As such the concurrent findings of fact regarding conviction of the accused are bound to be maintained. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1997. The petitioner, being the sole bread winner has small children, wife and parents to support. He has already suffered a lot of agony on account of protracted proceedings in the Courts for the last 13 years; he has already undergone one month and eighteen days of the substantive sentence and is ready to compensate the heirs of the deceased. Under these peculiar circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone without any alteration in the sentence of fine. The petitioner is also ordered to pay a sum of Rs.20,000/- on account of compensation to the legal heirs of deceased Rajesh within three months from today, failing which this petition shall be treated as dismissed in toto. Copy of the order be sent to the Chief Judicial Magistrate, Kurukshetra, for compliance. (A.N.Jindal) 10.09.2010 Judge A.kaundal