Crl.Rev.No.2320 of 2004 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.2320 of 2004 Date of Decision: 6 - 5 - 2009 Rajinder Singh .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Rahul Vats, Advocate for the petitioner. Mr.S.S.Mor, Sr. DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been preferred by Rajinder Singh son of Man Singh. He was tried by the Court of Chief Judicial Magistrate, Jagadhari in case FIR No.345 dated 19.9.1996 registered at Police Station City Yamuna Nagar under Sections 279, 337 and 304-A IPC. The trial Court found him guilty, convicted and sentenced him under Section 304-A IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-. In default of payment of fine, he was to undergo rigorous imprisonment for three months. He was further convicted and sentenced under Section 337 IPC to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-. In default of payment of fine, he was to Crl.Rev.No.2320 of 2004 [2] undergo rigorous imprisonment for one month. He was also convicted and sentenced under Section 279 IPC to undergo rigorous imprisonment for three months and to pay a fine of Rs.500/-. In default of payment of fine, he was to undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently. Aggrieved against the same, the petitioner had filed an appeal. Appeal was dismissed by the Additional Sessions Judge, Yamuna Nagar at Jagadhari. In the present case Pankaj Bedi son of Shadi Lal Bedi had died in accident due to rash and negligent driving by the petitioner. Case of the prosecution is that on 19.9.1996, deceased Pankaj Bedi was coming from Yamuna Nagar to Jagadhari on a scooter bearing No.CHC-8325. When he reached near Kanehya Chowk, petitioner who was driver of Haryana Roadways Bus bearing registration No.HR-02-A-4197 collided with the scooter, due to which Pankaj Bedi died at the spot. Ram Lal Chauhan complainant was also injured in the occurrence. Mr.Rahul Vats appearing for the petitioner at the out set has stated that in view of the findings of fact recorded by two Courts below, he will not be in a position to assail conviction of the petitioner. Counsel has further stated that he is conscious that this Court in revisional jurisdiction cannot do re-appreciation or re-appraisal of the evidence. He has stated that he be allowed to make an alternative prayer of reduction in sentence and awarding of compensation to the family of the deceased. Mr.Rahul Vatas has further stated that in the present case occurrence had taken place in the year 1996. Petitioner had already suffered a protracted trial of 13 years. He further stated that appellant is now aged 60 years and had retired from the service. Counsel further submit that in order dated 4.11.2003 determining Crl.Rev.No.2320 of 2004 [3] the quantum of sentence, it was noticed by the trial Court that petitioner is not a previous convict and has to look after his children. Counsel further submitted that after registration of the present FIR, petitioner has committed no offence. Counsel for the petitioner has further submitted that petitioner has children of marriageable age and in case he is sent behind the bars, their matrimonial prospectus shall stand eclipsed. Counsel has further submitted that petitioner has already undergone about three months of sentence. I am of the view that in case the petitioner is sent behind the bars, no useful purpose would be served. However, family of the deceased can be compensated. Taking into consideration the protracted trial, age and antecedents of the petitioner, the sentence awarded upon the petitioner is reduced to the period already undergone. However, the sentence of fine is enhanced to Rs.35,000/-. The amount of fine shall be paid as compensation to the legal heirs of deceased Pankaj Bedi. In case the amount of fine is not deposited by the petitioner within three months from today, he shall undergo the entire sentence as determined by the Courts below. Revision petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) May 6, 2009. JUDGE RC