Criminal Revision No.1737 of 2005 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 1737 of 2005 Date of Decision:May 14, 2010 Vijay Kumar ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.J.S. Virk,Advocate for the petitioner. Mr.Amandeep Singh Rai,Assistant Advocate General,Punjab ** Sabina, J. Petitioner was convicted for an offence under Sections 279/304-A of the Indian Penal Code (`IPC' for short) vide judgment dated 14.8.2004 by the Judicial Magistrate Ist Class, Dasuya. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- under Section 279 IPC and was further ordered to undergo rigorous imprisonment for a period of one year and a fine of Rs.1000/- under Section 304-A IPC . All the substantive sentences were ordered to run concurrently. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by the Additional Sessions Judge(Adhoc) Fast Track Court, Hoshiarpur vide Criminal Revision No.1737 of 2005 2 judgment dated 13.8.2005. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “2. The brief facts of the case of the prosecution are that Mukhtiar Singh is the resident of village Panjdhara Raian, P.S.Mukerian. He is retired from Military and now is doing agricultural work. On the day of occurrence, he alongwith his younger brother Jagtar Singh went to the in-laws house of daughter of Jagtar Singh on scooter. When they were coming back from the house of daughter of Jagtar Singh, then at the bus adda of village Mansar, the nephew of complainant met them who was coming from the side of Pathankot on scooter and Inder Singh was going on his scooter. He was driving his scooter ahead of their scooter. At about 1½ Km away from Mukerian, a maruti van of red colour came, which was being driven by driver negligently and rashly and hit the van in the scooter of Jai Inder Singh, as a result of which the scooter got damaged into pieces and tyre of the scooter was broken into pieces and Inder Singh died at the spot. Driver of the van ran away from the site of the occurrence. Certain passengers were sitting in the said van and their names were recorded by the complainant. The statement of the complainant was recorded on the basis of which formal FIR was recorded. IO visited the spot, prepared thorough site plan, sent the body for post mortem, got the photographs shooted, recorded the statement of the witnesses,and arrested the accused. After completion of the investigation the challan against the accused was presented in the Criminal Revision No.1737 of 2005 3 court of Learned Illaqa Magistrate.” During the course of arguments, learned counsel for the petitioner, has not challenged the conviction of the petitioner under Sections 279/304-A IPC but has submitted that the sentence qua imprisonment be reduced. Learned counsel has further submitted that the petitioner is facing criminal proceedings since the year 2001 and is the only bread earner of the family. Fine is stated to have been deposited by the petitioner. Keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment of the petitioner be reduced from one year rigorous imprisonment under Section 304-A IPC to six months rigorous imprisonment. Hence, the conviction of the petitioner under Sections 279,304-A IPC is maintained and the sentence under Section 279 IPC is maintained. However, the sentence qua the imprisonment of the petitioner under Section 304-A IPC is reduced from rigorous imprisonment of one year to rigorous imprisonment for six months. Sentence qua fine is maintained. Petition stands disposed of accordingly. (Sabina) Judge May 14, 2010 arya