Crl.R. No.858 of 2002 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.858 of 2002 DATE OF DECISION: March 30, 2009 JASPAL SINGH ...PETITIONER VERSUS STATE OF U.T. CHANDIGARH ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MS. J.J. KAUR, ADVOCATE FOR THE PETITIONER. MR. RAJIV SHARMA, CENTRAL GOVT. COUNSEL FOR THE RESPONDENT. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has filed this revision petition against the judgement of conviction and order of sentence dated 8.7.1998, passed by the Judicial Magistrate Ist Class, Chandigarh whereby he was convicted under Section 279 and 304-A IPC. The sentence awarded to the petitioner was as under:- “i) To undergo rigorous imprisonment for a period of six months under section 279 IPC. ii) To undergo rigorous imprisonment for a period of one year and to pay fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under section 304-A IPC.” The petitioner preferred an appeal which has been dismissed by the Addl. Sessions Judge, Chandigarh vide judgement dated 24.4.2002 and Crl.R. No.858 of 2002 -2- the conviction and sentence has been upheld. Counsel for the petitioner submits that he does not wish to challenge the findings of both the Courts as far as the conviction of the petitioner is concerned, but while sentencing the petitioner the Court may take a lenient view. Learned counsel submits that the accident took place on 15.10.1993, on the roundabout of Sectors 24-25-37-38, Chandigarh in which the deceased Naina Devi who was an old lady died. Learned counsel submits that as the accident took lace on the roundabout, hence the vehicle could not have been at a high speed. It has been further contended that infact it was the deceased who suddenly came in front of the vehicle of the petitioner while trying to cross the road. It has lastly been contended that as the incident has taken place more than 15 years ago, therefore, leniency be shown to the petitioner while sentencing him. The prayer of the counsel for the petitioner has been vehemently opposed by Sh. Rajive Sharma, counsel for the respondent. He submits that as the petitioner was driving in a rash and negligent manner and has caused death of an old lady, therefore, the sentence does not call for any reduction. I have heard the counsel for the parties at length. A perusal of the judgements of both the Courts below shows that the accident took place on 15.10.1993, in which Naina Devi who was an old lady died. As the accident took place near the roundabout, therefore, the vehicle could not have been driven at a high speed at the time of accident. Keeping in view the facts, specially the fact that the petitioner has faced a long and protracted trial of more than 15½ years, therefore, while upholding the conviction of the petitioner as has been ordered by both the Courts below, I Crl.R. No.858 of 2002 -3- reduce the sentence of the petitioner to the one already undergone by him. The petitioner shall, however, pay a compensation of Rs.50,000/- which shall be paid to the L.R.s of the deceased Naina Devi W/o Chajju Ram. The compensation shall be deposited in the Court of Chief Judicial Magistrate, Chandigarh within a period of 3 months from today. The Chief Judicial Magistrate, Chandigarh shall inform the L.R.s of the deceased Naina Devi of their right to receive the compensation. In case the compensation is not deposited within the period granted by this Court, then the petitioner shall be taken in custody and shall serve out the remaining portion of his sentence as awarded by the Addl. Sessions Judge, Chandigarh . Revision petition disposed of. March 30, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE