IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2089 of 2004 Date of Decision 18.02.2010 Jaswant Singh ...... Petitioner(s) VERSUS State of Punjab ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.B.S.Bhalla, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab. ***** A.N.JINDAL, J(ORAL): Custody certificate, produce by learned State counsel, is taken on record. This petition is directed against the judgment dated 06.10.2004, passed by Addl. Sessions Judge, Moga, dismissing the appeal of the petitioner against the judgment dated 04.08.2003, passed by Judicial Magistrate Ist Class, Moga, convicting and sentencing him to undergo rigorous imprisonment for a period of 3 months and to pay a fine of Rs.200/- under Section 279 IPC and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.300/- under Section 304-A IPC. Charge against the petitioner was that on 12.09.2000 he, while driving the bus bearing registration No.PB-12-B-9501, struck against the scooter of Daljit Singh as a result of which he died. The petitioner was charged and tried. Ultimately, he was convicted and sentenced and his appeal also failed. Without assailing the judgment of conviction, counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Criminal Revision No.2089 of 2004 -2- On scrutiny of the records, it transpires that the occurrence took place way back in the year 2000. The petitioner has already suffered a lot of agony due to the pendency of proceedings in the Courts. He has already undergone 5 months 25 days of the substantive sentence. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Under these peculiar circumstances, this petition is dismissed with the modification in the sentence to that of already undergone. The petitioner is also ordered to pay Rs.10,000/- on account of compensation to the legal heirs of the deceased Daljit 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, Moga, for compliance. (A.N.Jindal) Judge 18.02.2010 mamta-II