Criminal Revision No. 288 of 1991 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 288 of 1991 Date of Decision: 29.01.2008. Sadha Ram …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S.Gill, Senior Advocate with Mr. Vivek Goyal, Advocate for the petitioner. Mr. Jaspreet Singh Sandhu, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner was driver of a truck. Due to his rash and negligent driving, he caused death of Banta Singh. The accident was caused on 26.10.1987. The petitioner was convicted by the Court of learned Judicial Magistrate Ist Class, Samrala, on 19.11.1990 to undergo sentence of rigorous imprisonment of 1½ years under Section 304-A IPC. He was also convicted under Sections 279 IPC and sentenced to undergo rigorous imprisonment for a period of four months. He was further convicted under Section 338 IPC and sentenced to undergo rigorous imprisonment for a period of six months. In appeal, on 19.4.1991, his sentence under Section 304-A Criminal Revision No. 288 of 1991 2 IPC was reduced to nine months. For reduction of sentence from 1½ years to nine months, learned lower Appellate Court has taken a view that petitioner has suffered a protracted trial of 3½ years. Mr. Gill, learned senior counsel for the petitioner, picking thread from this argument, has stated that since the occurrence took place in the year 1987, petitioner has already suffered a protracted trial of more than 20 years. The petitioner has undergone ten days in April 1991. Sending the petitioner behind the bars after 20 years of occurrence, will serve no useful purpose. Mr. Gill states that for the last 20 years, the petitioner has committed no other offence and has fastened himself with many liabilities of the family. Taking the totality of the circumstances in view, the sentence of the petitioner is reduced to already undergone, however, sentence of fine is enhanced to Rs.25,000/-. On payment of fine in the Court, the same shall be disbursed to the legal heirs of the deceased. The fine be deposited in the Court on or before 15.4.2008. In case of non-payment of fine by the petitioner, the present revision petition shall deem to have been dismissed. With my aforesaid observations, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge January 29, 2008 “DK”