IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr. Rev. 264 of 2010 Date of decision: 23.4.2010 Deputy Singh Petitioner vs. State of Punjab Respondent Present: Mr. HS Batth, Advocate. Mr. Arshvinder Singh, DAG, Pb M.M.S.BEDI,J. On last date of hearing i.e. 30.3.2010, the following order was passed by this court:- “The petitioner has been convicted of charge of having committed offence u/s 279 and 304 A IPC to undergo R.I. for 4 months and to pay a fine of Rs.500/-, in default of payment of fine to further undergo RI for 1 month on first count and to undergo R.I. for 1 year and to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 2 months on second count by the lower appellate court. The allegation against the petitioner is that he had struck a tractor trolley while driving his truck negligently from backside, resulting in the death of Kulwant Kaur and Achhar Kaur. The courts below have arrived at a conclusion that at the time of accident, trolley attached to the tractor was carrying 32-35 passengers. Learned counsel for the petitioner submits that it is a case of contributory negligence of the driver of the tractor trolley and the petitioner, as such sentence should be reduced. After hearing learned counsel for the parties, I am of the considered opinion that the Driver of the tractor trolley as well as 32-35 passengers, who were travelling in the tractor trolley can be attributed negligence for putting themselves to risk. The circumstances indicate that the probability of the tractor trolley being not properly driven and being not under the control of the driver can also not be ruled out but the benefit of doubt cannot be given to the petitioner because the act of the petitioner in driving dangerously,causing a threat to the other persons using the road is substantiated from the statements of PW 1 Karaj Singh and PW 2 Subeg Singh. The interest of justice would be adequately met in case the petitioner is directed to pay an additional compensation to the heirs of two deceased to the extent of Rs.20,000/- each. On payment of the above compensation to the heirs of the deceased, the quantum of sentence can be reduced for offence u/s 304-A IPC from 1 year to 6 month while reducing the sentence from 6 months to 3 months u/s 279 IPC. Let a sum of Rs.40,000/- be deposited with CJM Tarn Taran as compensation, payable to the heirs of the two deceased,namely, Kulwant Kaur and Achhar Kaur. For further orders, now to come up on 23.4.2010.” Learned counsel for the petitioner has placed on record a certified copy of the order showing that a sum of Rs.40,000/- has been deposited with the Judicial Magistrate Ist Class, Tarn Taran. Accordingly, the sentence of imprisonment of the petitioner is reduced from one year to six months for offence u/s 304-A IPC and the petitioner is directed to pay an extra fine of Rs.40,000/- in addition to the fine of Rs.500/- already imposed. The sentence of imprisonment u/s 279 IPC is reduced from six months to three months. However, the fine of Rs.500/- u/s 279 IPC will remain unaltered. The fine of Rs.40,000/- will be released to the heirs of Kulwant Kaur and Achhar Kaur deceased equally in addition to the fine of Rs.500/- already imposed. With the above modification in the quantum of sentence the revision petition stands disposed of. April 23 ,2010 ( M.M.S.BEDI ) TSM JUDGE