Crl. Revision No.1046 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.1046 of 2005 Date of Decision: 13.10.2010 Satish Kumar ……Petitioner VERSUS State of Haryana ……Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL -.- Present: Mr. P.R. Yadav, Advocate for the petitioner. Mr. J.S. Rattu, D.A.G., Haryana. A.N. JINDAL, J. (ORAL) The petitioner has assailed the judgment dated 18.5.2005, passed by learned Sessions Judge, Narnaul, dismissing his appeal against the judgment dated 8.7.2004, passed by learned Judicial Magistrate, Ist Class, Mahendergarh, convicting and sen- tencing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/- under Section 304-A I.P.C. and Crl. Revision No.1046 of 2005 -2- to further undergo rigorous imprisonment for six months and to pay fine of Rs.500/- under Section 279 I.P.C. The only statutory plea as set by the Counsel is that though the observation regarding recording of conviction are correct yet some leniency could be extended to the petitioner on the quantum of sentence. Since minor child has died, petitioner has already under- gone six months and fourteen days of sentence; accident took place per chance way back on 22.2.1998 and the sword of sentence has been hanging over his head since then; he is an old man having chil- dren and wife to support; no such bad antecedents have been brought on record so that he could be dubbed as habitual offender and he is ready to compensate the heirs of deceased. Therefore, in these peculiar circumstances of the case some leniency could be shown to him. Resultantly, this petition is dismissed with the modifica- tion in the sentence to that of already undergone without any altera- tion in the sentence of fine. However, petitioner would pay a sum of Rs.20,000/- on account of compensation to the heirs of the deceased Rinku within three months from today. Copy of the order be sent to Chief Judicial Magistrate, Narnaul, for compliance. ( A.N. JINDAL ) 13th October, 2010 JUDGE ashish