In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.53189 of 2010 and Criminal Revision No.2772 of 2010 (O&M) ..... Date of decision:9.12.2010 Nand Lal .....Petitioner v. Union Territory, Chandigarh .....Respondent .... Present: Mr. G.S. Goraya, Advocate for the petitioner. ..... S.S. Saron, J. This revision petition has been filed against the order dated 16.2.2010 passed by the learned Additional Sessions Judge, Chandigarh whereby the appeal of the petitioner against the judgment and order dated 20.3.2008 passed by the learned Judicial Magistrate Ist Class, Chandigarh has been dismissed. Along with the revision petition Criminal Misc. No.53189 of 2010 has been filed seeking condonation of 136 days delay in filing the revision petition. It is stated that the applicant-petitioner was behind bars and he requested his relatives and friends for filing the present revision petition who assured him that the same would be filed but he came to know that no revision petition has been filed. The petitioner could not contact his relatives and friends as he was confined to custody. In the circumstances, the petitioner was compelled to approach the jail authorities to manage the filing of the revision petition which has Cr. Revision No.2772 of 2010 (O&M) [2] resulted in delay in filing the revision petition. It may be noticed that the petitioner who is a truck driver was tried for having committed the offences punishable under Sections 279 and 304-A of the Indian Penal Code. The case FIR No.80 dated 6.5.2004 was registered against the petitioner at Police Station, Sector 31, Chandigarh alleging commission of offences under Sections 279 and 304-A IPC. Head Constable Virender Singh was on duty at Iron Chowk on the date of the occurrence i.e. 6.5.2004. At about 2.20 p.m. one old Sikh gentleman was driving on his Luna Moped. While he was taking a turn towards Sectors 31-32, Chandigarh from the slip road of Iron Chowk, then the offending truck being driven by the petitioner ran over him and thereafter stopped a little ahead. On asking the name of the truck driver, he disclosed his name as Nand Lal (petitioner). It was alleged that the accident had been caused due to the rash and negligent driving of the petitioner. A wireless message was received at the Police Station that an accident had occurred at the Iron Chowk. On this information, Police party headed by ASI Sumer Singh reached the spot where they came to know that the injured had been taken to the hospital by a Police Control Room van. Thereafter, ASI Sumer Singh reached Government Medical College and Hospital, Sector 32, Chandigarh where statement of Head Constable Virender Singh was recorded. The learned trial Magistrate after considering the evidence and material that was produced on record convicted the petitioner for the offences under Sections 279 and 304-A IPC. He was sentenced to undergo rigorous imprisonment for a period of one year; besides, to pay a fine of Cr. Revision No.2772 of 2010 (O&M) [3] `500/- and in default of payment of fine to undergo further rigorous imprisonment for one month for the offence under Section 304-A IPC. The petitioner was also sentenced to undergo rigorous imprisonment for a period of three months; besides, to pay a fine of `500/- for the offence under Section 279 IPC. The petitioner aggrieved against the order dated 20.3.2008 of the learned trial Magistrate filed an appeal and the learned Additional Sessions Judge, Chandigarh vide order dated 16.2.2010 held that the offence punishable under Section 304-A IPC had been proved and, therefore, the offence punishable under Section 279 IPC had become superfluous. Accordingly, the conviction and sentence of the petitioner for the offence punishable under Section 279 IPC was set aside but his conviction and sentence for the offence punishable under Section 304-A IPC was sustained. Aggrieved against the order dated 16.2.2010 passed by the learned Additional Sessions Judge the petitioner has filed the present revision petition. Learned counsel for the petitioner after arguing the case on merit for some time has submitted that the petitioner is in custody since 16.2.2010 and has undergone about 10 months of imprisonment. Therefore, the sentence of imprisonment may be ordered to be undergone. It may be noticed that the petitioner is said to have run over a person who was riding a Luna Moped with his truck. The case against him has been established by both the Courts below. Head Constable Virender Singh was on duty on the Iron Chowk where the accident had occurred and he has proved the case. He has proved the manner in which the accident had occurred. The case is Cr. Revision No.2772 of 2010 (O&M) [4] one of rash and negligent driving. Sentences imposed by the learned trial Magistrate were not ordered to run concurrently. The learned Additional Sessions Judge has held that the offence under Section 279 IPC has become superfluous in view of the conviction of the petitioner for the offence under Section 304-A IPC. Accordingly, the conviction of the petitioner for the offence under Section 279 IPC was set aside. Therefore, his sentence of imprisonment stands reduced by three months in view of the order of the learned Additional Sessions Judge, Chandigarh. Besides, the petitioner is likely to complete his sentence in the next about two months. In the facts and circumstances, no ground for interfering with the quantum of sentence is made out. Keeping in view the fact that no ground for interference in the quantum of sentence is made out, the question of delay in filing the revision petition has become academic. In view of the above, the criminal revision petition as also the application seeking condonation of delay are dismissed. December 9, 2010. (S.S. Saron) Judge *hsp*