Criminal Revision No. 1443 of 2004 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1443 of 2004 Date of Decision: 9.3.2010 Gurbachan Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sumeet Goel, Advocate, along with Gurbachan Singh, Petitioner, present in person. Mr. Manish Deswal, Deputy Advocate General, Haryana, for the respondent. Kanwaljit Singh Ahluwalia, J. The present revision petition has been preferred by Gurbachan Singh son of Maggar Singh, who was sent up for trial in case FIR No. 167 dated 15.6.1999 registered at Police Station Pehowa under Sections 279 and 304-A IPC. The Court of Sub Divisional Judicial Magistrate, Pehowa, found the petitioner guilty, vide its judgment dated 23.5.2003, for an offence under Sections 279 and 304-A IPC. The petitioner was sentenced, vide order dated 24.5.2003, to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/-, in default whereof to undergo further rigorous imprisonment for a period of 15 days, for an offence under Section 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.4,000/-, for an offence under Section 304-A IPC. In default of payment of fine, to Criminal Revision No. 1443 of 2004 2 undergo further rigorous imprisonment for a period of two months. Both the sentences were ordered to run concurrently. The petitioner had filed an appeal assailing the judgment of conviction and order of sentence passed by the trial Court. The Appellate Court, while upholding the conviction and maintaining the sentence, had dismissed the appeal, vide order dated 16.7.2004. In the present case, the FIR was lodged on the statement Ex.PA made by Vinod Kumar son of Kherati Lal, wherein he had stated that he was a resident of Karsa, Police Station Butana, District Karnal and was studying in B.A. Part-II. He further stated that he along with his mother Bimla Devi were going to Pehowa to meet his maternal uncle on a Hero Honda Motorcycle bearing registration No. HR-05-E-8764. When they had reached near Manchanda Petrol Pump, Pehowa, then a bus of Haryana Roadway, bearing registration No. HR-07-9693, of Kurukshetera Depot, which was being driven at a high speed in a rash and negligent manner by its driver, came from their behind and had hit his motorcycle. As a result of this impact, his mother Bimla Devi had succumbed to her injuries at the spot. The driver of the bus fled away from the spot after leaving the offending bus. The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted. Before proceeding further, it would be necessary to mention here that while going through the records of the case and the evidence adduced, I have come to know that the complainant is Vinod Kumar. He has appeared as PW.2 and has signed his statement also as Vinod Kumar. His father's name, age and the residential address are also the same, as shown in the FIR. However, inadvertently at the top of his statement, name Criminal Revision No. 1443 of 2004 3 of PW.2 has been shown as Manoj Kumar and that is why PW.2 Vinod Kumar's name has been appearing as Manoj Kumar in both the judgments of the Courts below. Learned counsel for the petitioner submits that both the Courts below have placed implicit reliance upon the testimony of PW.2 Manoj Kumar (Vinod Kumar) therefore, he will not be in a position to assail the conviction of petitioner. He has also nothing in his arsenal except to point out discrepancies, contradictions and improvements and is conscious that this Court, while exercising the revisional jurisdiction, will not tread on the path of re-appreciation and do re-appraisal of the evidence. He further urges that the accident took place in the year 1999. The petitioner has already suffered a lot of mental pain and agony of protracted trial for a long period of about 11 years. The petitioner has also not committed any other such offence before or after the present occurrence; he is about 59 years of age and a sole bread earner of his family. He is also ready and willing to compensate the family of deceased as it may provide some solace to the family of deceased Bimla Devi. Therefore, he prays that the petitioner be not sent behind the bars, at this stage, and his sentence be reduced to the period already undergone. I find merit in the submissions raised by learned counsel for the petitioner. Accordingly, sentence awarded to the petitioner is reduced to the period already undergone, however, sentence of fine is enhanced to Rs.35,000/-. The petitioner shall deposit the enhanced amount of fine in the trial Court, within three months, from the date of receipt of a certified copy of this order. The amount, so deposited, shall be disbursed to the legal heirs of the deceased. In case the amount of fine is not deposited, no Criminal Revision No. 1443 of 2004 4 benefit in reduction of sentence shall accrue to the petitioner. With the observations made above, present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge March 9, 2010 “DK”