IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 570 of 2009 Date of Decision : February 16, 2010 Ramesh Kumar ....Petitioner Versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. P.K.S.Phoolka, Advocate Mr. P.S.Grewal, Assistant Advocate General, Punjab T.P.S. MANN, J. (Oral) Vide judgment and order dated 24.1.2002, Sub Divisional Judicial Magistrate, Phul, convicted the petitioner under Section 279 IPC and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs.1000/-. In default of payment of fine, he was sentenced to undergo further rigorous imprisonment for fifteen days. He was also convicted under Section 304-A IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2000/-. In default of payment of fine, he was sentenced to undergo further rigorous imprisonment for two months. Against his conviction and sentence, the petitioner filed an appeal but the same was dismissed by Additional Sessions Judge, Bathinda on 21.2.2009. However, the sentences of imprisonment were ordered to run concurrently. According to the prosecution, Jasvir Singh, aged 28 years, met with an accident with a bus driven by the petitioner on 21.11.2001 at 6.15 a.m., in a rash and negligent manner. He neither blew the horn Crl. Revision No. 570 of 2009 -2- nor applied the brakes and struck against the bi-cycle of Jasvir Singh. On account of the impact, Jasvir Singh fell down from his cycle and received injuries. He was first taken to General Hospital, Rampura from where he was referred to DMC, Ludhiana but on the way he succumbed to his injuries. Learned counsel for the petitioner has not challenged the conviction of the petitioner. However, he states that the petitioner has been facing the agony of criminal prosecution since November 2001. He is a poor person and has children to look after. He has already served a period of about 2½ months in jail out of the sentence of one year imposed upon him. Therefore, his sentence be reduced to that already undergone. Learned State counsel has opposed the prayer made by learned counsel for the petitioner by submitting that on account of rash and negligent driving of the bus by the petitioner, the accident in question had taken place as a result of which Jasvir Singh died and, therefore, the petitioner does not deserve any leniency in the matter of sentence. I have heard learned counsel for the parties and perused the impugned judgment. The accident in question had taken place on 21.11.2001. The petitioner is not shown to be involved in any other criminal case. According to him, he is a poor person, who has to look after his children. He has been facing the agony of criminal prosecution for the Crl. Revision No. 570 of 2009 -3- last more than eight years. As per affidavit dated 6.2.2010 of Superintendent, Central Jail, Bathinda, which has been produced by learned State counsel, the petitioner remained in jail as a convict for two months and thirteen days. Taking into consideration the totality of the circumstances, the Court is of the view that ends of justice will be amply met by reducing the sentence of the petitioner to that already undergone by him. At the same time, the petitioner can be asked to pay an amount of Rs.25,000/- as compensation to the father of Jasvir Singh-deceased. Resultantly, the conviction of the petitioner is maintained. His sentence of imprisonment is reduced to that already undergone by him. The sentence of fine alongwith its default clause is maintained. The petitioner shall, however, deposit an amount of Rs.25,000/- with the trial Court within three months from today, which be, thereafter, paid to Raj Kumar, father of Jasvir Singh-deceased, as compensation. In case the aforementioned amount of Rs.25,000/- is not paid by the petitioner within the stipulated time, he shall be required to serve the sentence of imprisonment as imposed by the trial Court and upheld by the lower appellate Court. The revision is, accordingly, disposed of. ( T.P.S. MANN ) February 16, 2010 JUDGE ajay-1