IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2187 of 2003 Date of decision: 20th May, 2009 Harjinder Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Saggu, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by Harjinder Singh son of Prem Singh, resident of Alisher Kalan, District Mansa. He has been convicted and sentenced by the Court of Additional Chief Judicial Magistrate, Sangrur under Section 304-A IPC to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/-, in default of payment of fine to further undergo rigorous imprisonment for two months. He was further convicted and sentenced under Section 338 IPC to undergo rigorous imprisonment for six months. Petitioner was also convicted and sentenced under Section 337 IPC to undergo rigorous imprisonment for three months. Aggrieved against the same, petitioner had filed an appeal. The appellate Court dismissed the appeal and upheld the conviction and sentence awarded by the trial Court. Hence, the present revision petition Criminal Revision No. 2187 of 2003 has been filed praying that conviction and sentence awarded by two courts below be set aside. Petitioner was named as accused in case FIR No. 6 dated 13th January, 2000 registered at Police Station Bhawanigarh under Sections 279, 304-A, 337, 338, 427 IPC. FIR was registered on the basis of statement made by complainant Chota Ram. He stated that on 12th January, 2000, he along with his nephew Jaswinder Singh and Nasib Chand son of Sham Lal at about 9.30 p.m. were going in his jeep bearing registration No. PND-5572, which was being driven by him, on Bhawanigarh-Sangrur road. When they reached near village Ghabdan, a truck came from Sangrur side, bearing registration No.HR-46-7168, which was being driven at a very high speed in a rash and negligent manner. The truck collided head-on with their jeep and the jeep turned turtle. Jaswinder Singh died at the spot, whereas the complainant and Nasib Chand suffered injuries and the jeep was crashed. Complainant Chota Ram and Nasib Chand were brought to the Civil Hospital. The driver of the offending truck ran away from the spot. Name of the driver of offending truck was later on known as Harjinder Singh. Mr. H.S. Saggu appearing for the petitioner has very fairly contended that he will not be in a position to assail the conviction of the petitioner, as finding of fact has been recorded by two courts below. He has further stated that except to point out discrepancies, contradictions and improvements in the testimony of witnesses, there is nothing in his arsenal to dislodge the findings recorded by two courts below. Counsel has further stated that he is conscious that this Court while exercising revisional jurisdiction cannot tread on the path of re-appreciation or re-appraisal of the evidence. However, he has stated that sentence awarded upon the petitioner be reduced to already undergone and complainant party be 2 Criminal Revision No. 2187 of 2003 adequately compensated by awarding a fine as compensation. Counsel for the petitioner prays that in the present case, occurrence pertains to 12th January, 2000. Petitioner has suffered a protracted trial of about 9 years. I find merit in the submissions made by the counsel for the petitioner. Accordingly, sentence awarded upon the petitioner is reduced to already undergone, subject to payment of fine of Rs.35,000/-. The amount of fine shall be paid as compensation to the legal representatives of the deceased Jaswinder Singh. Trial Court shall call upon the accused to deposit the fine. Trial Court shall afford reasonable opportunity to the petitioner to deposit the fine. In case fine is not deposited, benefit of reduction of sentence shall not accrue to the petitioner. With these modifications in the sentence, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 20, 2009 rps 3