Criminal Revision No. 1591 of 2005 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1591 of 2005 Date of Decision: 18.2.2010 Surinder Kumar …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashwani Talwar, Advocate for the petitioner. Ms. Hemlata Balhara, Assistant Advocate General, Haryana, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been preferred by Surinder Kumar son of Chokhe Lal, who was named as accused in case FIR No. 238 dated 23.12.1998, registered at Police Station Pinjore, under Sections 279 and 304-A IPC. On 23.12.1998, an information was relayed at Police Station Pinjore that accident had taken place at Nalagarh Road. Jaspal Singh, Assistant Sub Inspector, along with police companions, at that time, was present at village Madawala in connection with the investigation of another FIR. On receipt of information, he reached at the spot and recorded statement of one Raghbir Singh. Raghbir Singh stated that he was Sarpanch of the village. On 23.12.1998 at about 2.00 P.M., he was Criminal Revision No. 1591 of 2005 2 waiting for a vehicle at Bus Stand, Khokra for going to Pinjore and saw that Dev Singh and Gaje Singh were going on their foot on the left side of the road. At that time, one Tanker No. UP-85-9773 came from the Nalagarh side. The tanker was driven in rash and negligent manner by its driver Surinder Kumar. The tanker hit Gaje Singh from behind, due to which he fell on the road and his head was crushed by the rear tyre of the tanker, on account of which he succumbed to his injuries at the spot. The driver of the tanker fled away from the spot along with tanker. Prosecution examined seven witnesses i.e. PW.1 Nafe Singh, Constable, PW.2 Raghbir Singh, PW.3 Raghbir Singh, PW.4 Dev Singh, PW.5 Dr. R.S. Chauhan, PW.6 Jaspal Singh, Assistant Sub Inspector, and PW.7 Narinder Singh, Assistant Sub Inspector. The trial Court placed implicit reliance on testimony of PW.2 Raghbir Singh and PW.4 Dev Singh, grand father of deceased, and held the petitioner guilty of offence under Sections 279 and 304-A IPC. The petitioner was sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs.600/- for offence under Section 279 IPC. He was also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.600/- for offence under Section 304-A IPC. In default of payment of fine, to undergo further simple imprisonment for one month. Both the sentences were ordered to run concurrently. Aggrieved against the judgment of conviction and order of sentence, petitioner filed an appeal. The Appellate Court below upheld the conviction and maintained the sentence. Mr. Ashwani Talwar, Advocate, appearing for the petitioner, has stated that since the two Courts below held that the testimony of Criminal Revision No. 1591 of 2005 3 PW.2 Raghbir Singh and PW.4 Dev Singh, grand father, aspire confidence, he will not assail conviction of the petitioner. Counsel has prayed that in the present case, accident had taken place in the year 1998. The petitioner is in the corridors of the Court for the last 12 years and has suffered mental pain and agony of protracted trial. Counsel has further submitted that the petitioner has already undergone one month and 13 days of his actual sentence. Counsel for the petitioner has contended that sending the petitioner behind the bars will serve no useful purpose, but in case some compensation is awarded to the family of deceased, it may provide some solace. Taking into consideration the submissions made by counsel for the petitioner, this Court is of the view that sentence awarded to the petitioner is reduced to already undergone, however, sentence of fine is enhanced to Rs.35,000/-. The petitioner shall deposit the enhanced amount of fine in the trial Court, within three months, from the date of receipt of certified copy of this order. The amount, so deposited, shall be disbursed to the legal heirs of the deceased. In case the amount of fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioner. With the observations made above, present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 18, 2010 “DK”