IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.2370 of 2009 (O&M) Date of Decision:- 28.11.2009 Laddi ....Petitioner(s) versus. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Amandeep Singh Manaise, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. The present revision petition has been preferred against the judgment and order dated 5.2.2004 passed by the Judicial Magistrate Ist Class, Pathankot, vide which the petitioner has been convicted and sentenced under Sections 304-A, 279, 337 and 338 IPC and the judgment dated 28.7.2009 passed by the learned Additional Sessions Judge, (Ad Hoc), Fast Track Court, Gurdaspur, vide which the appeal preferred by the petitioner has been dismissed. For offence under Section 304-A IPC, the petitioner has been sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs.3000/-, under Section 279 IPC, to undergo rigorous imprisonment for a period of three months and a fine of Rs.500/-, under Section 338 IPC, to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- and under Section 337 IPC, to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.200/-. In default of payment of fine, he was to further Crl.Rev.No.2370 of 2009 (O&M) -2- undergo rigorous imprisonment for a period of two months. All the sentences were, however, ordered to run concurrently. Counsel for the petitioner submits that he does not want to press the present petition on the merits of the case and prays only on the quantum of sentence. However, he submits that the petitioner has three minor children who are all school going and a wife to support and is the sole bread-winner of his family. He further contends that the petitioner has faced the agony of protracted trial/appeal for the last more than 8 years and, therefore, his sentence may be reduced. After the conviction also, the petitioner has undergone sentence of four months. Counsel contends that the petitioner is ready and willing to compensate monetarily the family of the deceased and prays for being released so that he is in a position to support his family failing which the family would be starved. Counsel for the respondent-State has been unable to rebut the contentions which have been raised by the counsel for the petitioner. Keeping in view the totality of the circumstances of the case and in the light of the fact that it was a solitary accident and the petitioner being the sole bread-winner of the family, apart from the fact that he has been facing the agony of protracted trial/appeal for the last more than 8 years, a lenient view should be taken in the matter. Thus, the ends of justice would be sufficiently met if the sentence of the petitioner is reduced. Accordingly, the same is reduced to the period already undergone, however, subject to payment of compensation of Rs.50,000/- to the legal representatives of deceased ASI Chain Singh, to be deposited by the petitioner within a period of three months in the Court of the Judicial Crl.Rev.No.2370 of 2009 (O&M) -3- Magistrate, Ist Class, Pathankot, which shall be disbursed to the legal representatives of the deceased in equal share within a period of one month thereafter. The above reduction in sentence shall come into effect from the date of deposit of the compensation amount by the petitioner, as assessed above. With the above modification in the sentence, the revision petition stands disposed of. November 28, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE