Crl. Revision No. 2377 of 2005 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2377 of 2005(O&M) Date of Decision: April 20, 2011 Karnail Singh ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Jagdish Manchanda, Advocate, for the petitioner Mr.Shekhar Mudgal, Asstt. Advocate General, Haryana *** GURDEV SINGH, J. This revision has been preferred by Karnail Singh, petitioner- accused, against his conviction and sentence for the offences under Sections 279 and 304-A IPC, recorded by Chief Judicial Magistrate, Ambala, vide his judgment dated 2.3.2002 and order dated 5.3.2002, which was maintained in the appeal filed by him and decided by Additional Sessions Judge, Ambala, vide judgment dated 5.12.2005. He was so convicted after a finding was recorded that he drove the ruck bearing Registration No. HNK-6866 so rashly Crl. Revision No. 2377 of 2005 -1- and negligently so as to endanger the human life and personal safety of others and thereby having caused the death of Dharminder Kumar, not amounting to culpable homicide. He was sentenced as under:- Under Section Sentence imposed fine 279 IPC To undergo rigorous imprisonment for a period of six months ` 200/- In default of payment of fine to to further undergo simple imprisonment for 15 days. 304-A IPC To undergo rigorous imprisonment for a period of two years ` 300/- In default of payment of fine to to further undergo simple imprisonment for one month The finding of conviction has not been assailed by the learned counsel for the petitioner-accused. According to him, the accused has already undergone the sentence of imprisonment, so imposed upon him, for more than five months and is ready to pay compensation to the legal heirs of the deceased and that the sentence of imprisonment, so imposed upon him be reduced to the period already undergone. The accused is standing his protracted trial from the last 15 years. The compensation will be a solace to the legal heirs of the deceased. It was never the case of the prosecution that the accused is a previous offender. Keeping in view that he is standing his protracted trial from the last 15 years, it will be in the interest of justice, if the sentence of imprisonment, so imposed upon him, is reduced to the period already undergone by him, provided he pays suitable compensation to the legal heirs of the deceased. Accordingly, the sentence of imprisonment, so imposed upon the accused, is reduced to the period already undergone by him and he is directed to pay compensation of ` 1,00,000/- to the legal heirs of the deceased, which shall be paid/deposited in the trial court within a period of three months failing Crl. Revision No. 2377 of 2005 -1- which this revision shall be deemed to have been dismissed. Revision is disposed of accordingly. Records of the trial court be returned forthwith. (GURDEV SINGH) JUDGE April 20, 2011 PARAMJIT Whether referred to the Reporter? Yes/No