IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.817 of 2003 Date of Decision 04.03.2010 Gurdev Singh ...... Petitioner(s) VERSUS State of Punjab ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.S.K.Bawa, Advocate, with Mr.Harinder Singh, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab. ***** A.N.JINDAL, J(ORAL): The petitioner has assailed the judgment dated 22.03.2003, passed by Addl. Sessions Judge, Bathinda, dismissing his appeal against the judgment dated 08.07.2002, passed by Sub Divisional Judicial Magistrate, Phul, convicting and sentencing him to undergo rigorous imprisonment for a period of 3 months and to pay a fine of Rs.300/- under Section 279 IPC and rigorous imprisonment for a period of 1½ years and to pay a fine of Rs.4,000/- under Section 304-A IPC. Allegations against the petitioner are that he while driving the bus rashly and negligently, struck the same against the scooter of Gurcharan Singh, as a result of which he fell down, suffered injuries and died. The petitioner was charged, tried and ultimately convicted and sentenced accordingly. His appeal also failed. Heard. Sufficient evidence has been led in order to establish the charge against the petitioner. The evidence, on the basis of which findings of fact have been returned by the Courts below, appears to have been appreciated in the right perspective. Faced with the situation, learned counsel for the petitioner has prayed for extending some leniency on the quantum of sentence. Criminal Revision No.817 of 2003 -2- Having perused the record, it transpires that the offence was committed in the year 1998. He has already suffered a lot on account of the protracted proceedings. Custody certificate, produced by learned State counsel, reveals that the petitioner has already undergone 4 months and 13 days of the substantive sentence. The petitioner has not repeated the offence and is ready to compensate the legal heirs of the deceased. Thus, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone. The petitioner is also ordered to pay Rs.30,000/- on account of compensation to the legal heirs of the deceased Gurcharan 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, Bathinda, for compliance. (A.N.Jindal) Judge 04.03.2010 mamta-II