IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.2329 of 2009 (O&M) Date of Decision:- 17.11.2009 Gurmeet Singh ....Petitioner(s) versus. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.L.S.Sidhu, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (ORAL) The present revision petition has been preferred against the judgment and order dated 12.10.2007 passed by the Judicial Magistrate, Ist Class, Moga, vide which the petitioner has been convicted and sentenced under Sections 279 and 304-A IPC and the order dated 17.4.2009 passed by the learned Additional Sessions Judge, Moga, vide which the appeal preferred by him has been dismissed. For offence under Section 279 IPC, the petitioner has been sentenced to undergo rigorous imprisonment for a period of six months and for offence under Section 304-A IPC, to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the sentences were, however, ordered to run concurrently. Counsel for the petitioner submits that he does not want to Crl.Rev.No.2329 of 2009 (O&M) -2- press the present petition on merits of the case and prays only on the quantum of sentence. However, he further states that the petitioner has a family to support and he is the sole bread-winner of his family. He further contends that the petitioner has faced the agony of protracted trial/appeal for the last about 7 years and, therefore, his sentence may be reduced. After the conviction also, the petitioner has undergone sentence of about seven months. Counsel contends that the petitioner is ready and willing to compensate monetarily the family of the deceased and prays for being released so that he is in a position to support his family failing which the family would be starved. Counsel for the respondent-State has been unable to rebut the contentions which have been raised by the counsel for the petitioner. Keeping in view the totality of the circumstances of the case and in the light of the fact that it was a solitary case of accident and the petitioner being the sole bread-winner of the family apart from the fact that he has been facing the agony of protracted trial/appeal for the last about 7 years, a lenient view should be taken in the matter. Thus, the ends of justice would be sufficiently met if the sentence of the petitioner is reduced. Accordingly, the same is reduced to the period already undergone, however, subject to payment of compensation of Rs.5,000/- to the legal representatives of deceased-Amarjit Singh, to be deposited by the petitioner within a period of three months in the Court of Chief Judicial Magistrate, Moga. The amount shall be disbursed to the legal representatives of the deceased-Amarjit Singh, within a period of two months of such deposit. Crl.Rev.No.2329 of 2009 (O&M) -3- The above reduction in sentence shall come into effect from the date of deposit of the compensation amount by the petitioner, as assessed above. In case of failure of the petitioner to deposit the amount within the time stipulated, the sentence as awarded by the Judicial Magistrate Ist Class, Moga, vide order dated 21.10.2007 shall come into operation. With the above modification in the sentence, the revision petition stands disposed of. November 17, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE