IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.430 of 2003 Date of Decision 09.02.2010 Major Singh ...... Petitoner(s) VERSUS State of Punjab ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.P.S.Hundal, Senior Advocate with Mr.Premjit Singh Hundal, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab. ***** A.N.JINDAL, J(ORAL): The petitioner has assailed the judgment dated 22.01.2003, passed by Addl. Sessions Judge, Amritsar, dismissing his appeal against the judgment dated 05.05.1998, passed by Sub Divisional Judicial Magistrate, Tarn Taran, convicting and sentencing him to undergo rigorous imprisonment for a period of 1½ years under Section 304-A IPC and rigorous imprisonment for a period of 6 months and to pay a fine of Rs.300/- under Section 279 IPC. The allegations against the petitioner are that on 04.10.1994, he while driving the vehicle i.e. Tanker bearing registration No.PB-2G-9604, rashly and negligently without giving any horn, ran over the abdomen of Mohinder Kaur, resultantly, she died at the spot. Case was registered against him and investigated. Completion of the investigation was followed by a report under Section 173 Cr.P.C. He was charged, tried, and ultimately convicted and sentenced accordingly. His appeal also failed. Without assailing the judgment of conviction, learned counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Criminal Revision No.430 of 2003 -2- Even otherwise, on scrutiny of the impugned judgment, it transpires that the evidence led by the prosecution appears to have been appreciated in the right perspective. No such illegality much less irregularity was found or detected which may render the judgment as invalid, therefore, the findings returned by the Courts below regarding conviction stand affirmed. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1994. The petitioner has already suffered a lot of agony due to protracted proceedings pending in the Courts. The petitioner has already undergone about six months of the substantive sentence. Under these circumstances, 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.40,000/-, on account of compensation, to the legal heirs of the deceased Mohinder Kaur, within three months from today, failing which, he would be ready to serve the remaining part of sentence. Copy of the order be sent to Chief Judicial Magistrate, Amritsar, for compliance. (A.N.Jindal) Judge 09.02.2010 mamta-II