CRR No.3259 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3259 of 2010 (O&M) Date of decision: 27.01.2011 Makhan Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.K.S. Brar, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Custody certificate handedover in Court today is taken on record. Petitioner was found guilty under Sections 279/338/304-A of the Indian Penal Code by the learned Trial Court and was sentenced to imprisonment as under: - (i) To undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/-, in default of payment of fine to undergo simple imprisonment for one week under Section 279 IPC. (ii) To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/-, in default of payment of fine to undergo simple imprisonment for three days under Section 338 IPC. CRR No.3259 of 2010 (O&M) -2- (iii) To undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000/-, in default of payment of fine to undergo rigorous imprisonment for one month under Section 304-A IPC. All the substantive sentences were ordered to run concurrently. The appeal preferred by the accused/petitioner was dismissed and the order of the learned Trial Court was affirmed by the learned Appellate Court/Additional Sessions Judge, SAS Nagar (Mohali), vide judgment dated 28.9.2010. Learned counsel for the petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 279/338/304-A IPC. Learned counsel has argued that this Court may enhance the compensation/fine and may consider to reduce the sentence for the period already undergone. Ms. Bhavna Gupta, DAG, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. She further submits that the petitioner/accused has already undergone about four months. I have heard learned counsel for the parties and have perused the record. In the opinion of this Court, no useful purpose would be served by keeping the accused/petitioner in the company of hardcore criminals; Reducing the sentence for the period already undergone and enhancing the fine to be paid to the LRs of the deceased as well as to the injured seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, CRR No.3259 of 2010 (O&M) -3- fine/compensation imposed upon the petitioner is enhanced to Rs.30,000/- over and above the fine already imposed by the Trial Court, out of which Rs.10,000/- shall be paid to the injured and Rs.20,000/- shall be paid to the LRs of the deceased by the learned Trial Court under Section 357 Cr.P.C.. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed. With above mentioned modification in the matter of sentence, this revision petition stands disposed of. (Alok Singh) Judge January 27, 2011 R.S.