IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.327 of 2005 Date of Decision 02.03.2010 Sher Singh ...... Petitioner(s) VERSUS State of Punjab ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.S.P.S.Sidhu, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab. ***** A.N.JINDAL, J(ORAL): The petitioner has assailed the judgment dated 20.01.2005, passed by Addl. Sessions Judge, Fast Track Court, Ferozepur, dismissing his appeal against the judgment dated 15.05.2002, passed by Sub Divisional Judicial Magistrate, Abohar, convicting and sentencing him to undergo rigorous imprisonment for a period of 3 months under Section 279 IPC and rigorous imprisonment for a period of 1 year and to pay a fine of Rs.1,000/- under Section 304-A IPC. Charges against the petitioner are that he while driving truck bearing registration No.RJ-13-G-2008, rashly and negligently, struck against the Maruti car bearing registration No.PB-04-F0531 and caused injuries to Sukhwinder Singh, Gursewak Singh and Angrej Singh. Due to the said injuries, Angrej Singh had died. The petitioner was tried, convicted and ultimately sentenced accordingly. His appeal also failed. Without assailing the judgment of conviction, learned counsel for the petitioner has urged for extending some leniency 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. There is no inordinate delay in lodging the FIR. Criminal Revision No.327 of 2005 -2- The accused has been duly identified. No such illegality much less irregularity was found or was detected which may render the judgment as invalid, therefore, the findings of fact returned by the Courts below regarding conviction do not call for any interference at this revisional stage. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1997. The petitioner has already suffered a lot of agony due to the pendency of proceedings in the Courts since then. He has already undergone two months of the substantive sentence and is ready to compensate the heirs of the deceased. Under these 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.30,000/- on account of compensation to the legal heirs of deceased Angrej Singh 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, Ferozepur, for compliance. (A.N.Jindal) Judge 02.03.2010 mamta-II