Cr.Rev 1773 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Rev 1773 of 2010 Date of decision:16.8.2010 Surinder Kumar Petitioner vs. State of UT Chandigarh Respondent Present: Mr. Sunil Kumar Chaudhary, Advocate. M.M.S.BEDI,J. The petitioner has been acquitted for charge u/s 304-A IPC but has been convicted u/s 279/337 IPC for having caused an accident on 18.9.1999. The allegation against him is that at about 7.30 AM complainant Sudama Parshad saw the petitioner carrying milk in a vehicle, being driven rashly and negligently when he hit the niece of the complainant Priyanka, as a result of which she was crushed under the vehicle. The petitioner was arrested from the spot. The prosecution examined the eye witness and the police officials to prove the charges against the petitioner. Since the post- mortem was not proved by calling the witnesses, the petitioner was acquitted of the charge u/s 304-A IPC but was convicted for offence u/s 279/337 IPC and sentenced to undergo rigorous imprisonment for 6 months on each count with a fine of Rs.500/- against each offence and in default of payment of fine to further undergo simple imprisonment for 15 days. Learned counsel for the petitioner has submitted that the petitioner has been facing trial since the year 1999. He is the sole bread earner of the family, as such, he should have been granted the concession Cr.Rev 1773 of 2010 2 of probation. I have considered the entire evidence and I am of the opinion that the petitioner has already been granted the benefit of doubt and acquitted for offence u/s 304-A IPC. Re-appreciation of evidence is not permissible. The conviction is hereby upheld but taking into consideration the fact that the petitioner has been facing trial since 1999 and has already undergone sentence of imprisonment for more than 2 ½ months, in the interest of justice, the only relief, which can be granted to him is reduction of sentence from 6 months to 4 months on each count. The sentence is modified as follows:- i) The petitioner will undergo sentence of imprisonment u/s 279 IPC for 4 months and pay a fine of Rs.10,000/- and in case of default of payment of fine, he will further undergo rigorous imprisonment for 1 month. ii) For offence u/s 337 IPC, the petitioner will undergo rigorous imprisonment for 4 months with a fine of Rs.10,000/- and in case of default of payment of fine, he will further rigorous imprisonment for a period 1 month. The amount of fine, if deposited, will be disbursed to heirs of deceased Priyanka. In case whereabouts of the heirs of the deceased are not known, it will be open to CJM, Chandigarh to issue notice to the complainant. Earlier fine if paid, the same will be deducted from the amount of fine, ordered by this court. With the above modification in the sentence, the revision petition stands disposed of. August 16 ,2010 ( M.M.S.BEDI ) TSM JUDGE