In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2696 of 2008 Date of Decision:February 25, 2009 Subedar ---Petitioner versus State of Hasryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Sarfraj Hussain, Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Subedar-petitioner was convicted for an offence under Sections 279, 337, 304-A of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 7.12.2007 by Judicial Magistrate Ist Class, Palwal. Vide order dated 8.12.2007 passed by learned Judicial Magistrate Ist Class, Palwal, petitioner was sentenced to undergo rigorous imprisonment for one month and fine of Rs. 200/- under Section 279 IPC, sentenced to undergo rigorous imprisonment for two months and fine of Rs. 300/- under Section 337 IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/- under Section 304-A IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Faridabad vide judgment dated 21.11.2008. Hence, the present revision petition. Crl. Revision No. 2696 of 2008 -2- Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 in its judgment, is as under:- “As per allegations, complainant Kailash Chand along with his brother Rajesh was going in rickshaw from Bust Stand Palwal to Anaj Mandi and when they reached Alawarpur Chowk and their rickshaw was turning towards Anaj Mandi, the accused came on motor cycle No. HR-52/3406 from the side of Ballabhgarh and struck his vehicle against rickshaw. As a result of the impact, the complainant and his brother had fallen from the rickshaw and sustained injuries. Accused was driving the motorcycle in a rash and negligent manner. He had also sustained injuries in the accident. Rajesh, the brother of complainant had sustained head injury and he was shifted to Guru Nanak Hospital Palwal for treatment. A case against the accused was registered on 14.6.2001. Rajesh had subsequently succumbed to injuries on 22.6.2001 and offence under Section 304 A IPC was then inserted against the accused. Necessary investigations were carried out and after its completion, charge sheet was filed against the accused for his trial. Learned counsel for the petitioner during the course of arguments has not challenged the conviction of the petitioner under Sections 279, 337, 304-A IPC. Learned counsel has submitted that the sentence of imprisonment of the petitioner, as ordered by the Courts below, be reduced to already undergone by him as the petitioner was not a previous convict and is aged about 61 years. Keeping in view the facts and circumstances of this case, it is a Crl. Revision No. 2696 of 2008 -3- fit case where the sentence of imprisonment ordered by the courts below, is liable to be reduced to already undergone by the petitioner. Fine is said to have already been deposited by the petitioner. Accordingly, conviction of the petitioner under Sections 279, 337, 304-A IPC, as ordered by the courts below, is maintained. However, sentence of imprisonment reduced to already undergone by him. Petition stands disposed of accordingly. (SABINA) JUDGE February 25, 2009 PARAMJIT