CRR No.2304 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRR No.2304 of 2011 (O&M) Date of decision:- 28.09.2011 Kashmir Singh ....Petitioner Vs. State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. O.P. Kamboj, Advocate, for the petitioner. ***** A.N. JINDAL, J (ORAL) Crl. Misc. No.52689 of 2011 Notice of the application. On the asking of the Court, Mr. Baljinder Singh Sra, Addl. A.G., Punjab, accepts notice on behalf of the respondent- State. In view of the averments mentioned in the application, same is allowed and delay of 30 days in filing the petition is condoned. CRR No.2304 of 2011 (O&M) Assailed in this petition is the judgment dated 30.05.2011 passed by Sessions Judge, Ferozepur, dismissing the appeal filed by the accused-petitioner (hereinafter referred to as CRR No.2304 of 2011 (O&M) 2 'the petitioner') against the judgment of conviction dated 16.02.2010, passed under Sections 304-A, 279, 337 and 338 IPC by the Judicial Magistrate, Ist Class, Zira. Both the Courts below have given concurrent findings of fact that on 20.05.2004 at 11.30 A.M., near Railway Station, Makhu, the petitioner, while driving his Tractor bearing registration No. PB-47-B-8523 in a rash and negligent manner, had struck against a rickshaw, resulting into the death of Parkash Kaur. Manbir Kaur, Saraj Masih and Sukhdev Singh also received injuries in that accident. The ingredients of Sections 304-A, 279, 337 and 338 IPC are duly proved against the petitioner. Conviction not assailed. However, learned counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Having heard the contention, though the petitioner has been facing trial since 2004 and has undergone some part of the substantive sentence, yet that is not a sufficient circumstance to completely wipeout the sentence, but some reduction in sentence could be made. Resultantly, this petition is dismissed with the modification in the sentence which is reduced to nine months, without any alteration in the sentence of fine. Copy of the judgment be sent to the Chief Judicial Magistrate, Ferozepur, for compliance. (A.N.JINDAL) September 28, 2011 JUDGE ajp