Crl. Revision No.1428 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Revision No.1428 of 2010 Date of Decision:-17.08.2010 Makhan Singh. ....Petitioner. Versus The State of Punjab. ....Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Baltej Singh Sidhu, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J.(ORAL) Present revision has been filed against the judgment of conviction and order of sentence passed by the trial court upheld by the Appellate Court, Bathinda against the petitioner in case bearing FIR No.200 dated 13.10.2003 under Sections 279 and 304-A of Indian Penal Code registered with P.S. Rampura. In the present case this court vide order dated 20.05.2010 has issued notice only with regard to quantum of sentence. Learned counsel for the appellant submits that in view of the fact that the Crl. Revision No.1428 of 2010 #2# deceased Vikas had alighted from the bus near a turning point rather than a scheduled stop, the petitioner-driver could not be considered to be so negligent in causing his death so as to invite the maximum sentence of two years for an offence under Section 304-A of Indian Penal Code. It is also submitted that the petitioner is the sole bread winner of his family and is having three minor daughters and two sons besides wife and old age mother to look after. Petitioner has no other source of income and he belongs to most deprived society of scheduled caste category. It is further prayed that keeping in view the hardship faced by the petitioner/his family members, he may be released on probation. On the other hand learned counsel for the State has argued that after Vikas Kumar had been crushed under the rear tyre of the bus, the petitioner had fled from the scene with the bus and thus his conduct does not warrant any leniency, or his release on probation. After hearing the counsel for the parties, the hardship faced by the petitioner/his family and the fact that deceased Vikas Kumar died an accidental death while trying to alight from a moving bus near a turning point, in my opinion, the interest of justice would be served if the sentence awarded to the petitioner is reduced from two years to one year. Accordingly taking lenient view, the sentence awarded to the petitioner is reduced from period of two years to period of one year. As regards the prayer for releasing the petitioner on probation, the same cannot be acceded to in view of the law laid down Crl. Revision No.1428 of 2010 #3# by the Hon'ble Apex Court in case titled as Dalbir Singh Vs. State of Haryana (2000)5 Supreme Court Cases 82. Ordered accordingly. ( JASWANT SINGH ) JUDGE 17th August, 2010 Vinay