CRR No. 958 of 2011 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRR No. 958 of 2011 (O & M) Date of decision : 17.8.2011 Tilak Raj ........Petitioner Vs. State through Chandigarh Administration and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr. Kanwal Goyal, Advocate, for the petitioner Mr. Rajiv Sharma, Advocate, for respondent No.1 --- AJAI LAMBA, J (Oral) This revision has been pressed only regarding quantum of sentence. The wife of the deceased has been impleaded as respondent No.2, however, could not be served. It has been contended on behalf of the petitioner that the petitioner is ready and willing to compensate respondent No.2, by way of paying compensation. The sentence of the applicant be reduced, considering the fact that the petitioner is a poor person, having a large family and old parents to support. The petitioner is the only bread earner in the family. Considering the totality of facts & circumstances and also the fact that the petitioner is the first offender, sentence awarded by the trial Court to the extent of one year imprisonment for commission of offence under Section 304A of the Indian Penal Code, is reduced to eight months rigorous imprisonment and payment of compensation to the tune of Rs.75,000/- (Rupees seventy five thousand only) to respondent No.2. The amount of CRR No. 958 of 2011 (O & M) -2- compensation shall be deposited with Judicial Magistrate Ist Class/Illaqua Magistrate, Chandigarh. It is only on deposit of compensation that the petitioner would be released, after completion of the period of sentence as directed by this order for commission of offence under Section 304A of the Indian Penal Code. The sentence awarded for commission of offence under Section 279 of the Indian Penal Code is however maintained. Sentence of Re: payment of fine as awarded by the trial Court is also maintained. On deposit of compensation, the Magistrate would make endeavors with the aid of Chandigarh Police to trace the next of kin of deceased Chhote Lal and release the payment in favour of the said person/persons viz. the widow or children of Chhote Lal deceased. This revision petition is accordingly disposed of. (AJAI LAMBA) JUDGE 17.8.2011 akm