IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Revision No. 213 of 2011 (O&M) Date of decision: September 27, 2011 Paramjit Singh .. Petitioner Vs. State of Punjab and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Veneet Sharma, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. A.N. Jindal, J Assailed in this petition is the judgment dated 10.1.2011 passed by the learned Sessions Judge, Amritsar, dismissing the appeal filed by the petitioner-accused (herein referred as, 'the accused') against the judgment dated 9.12.2009 passed by the Additional Chief Judicial Magistrate, Amritsar, convicting and sentencing him to undergo rigorous imprisonment for three months and to pay fine of `500/- under Section 279 IPC and rigorous imprisonment for one year and to pay fine of `1000/- under Section 304-A IPC At the very out set, without assailing the findings of conviction, it has been urged that the petitioner has already undergone more than two months of the substantive sentence and some leniency on the quantum of sentence may be extended to him. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. Both the courts below have returned concurrent findings of fact that Baljit Singh died due to the rash and negligent act of the accused. The witnesses are quite consistent with regard to time, place and the manner in which the occurrence had taken place. The eye witness account stands corroborated by medical evidence. The identity of the accused stands duly established. No plausible defence has been led. As such, no exception to the opinion expressed by the courts below could be made at this revisional stage. Crl. Revision No. 213 of 2011 (O&M) -2- *** Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 2004; the petitioner has suffered agony of trial since then. He has already undergone more than two months of the substantive sentence and undertakes to pay compensation to the heirs of the deceased. As such, keeping in view the peculiar circumstances of the case, it would be in the fitness of things if some leniency is extended to him. Consequently, this petition is dismissed with the modification in the sentence which is reduced to three months without any alteration in the sentence of fine. However, the accused is further burdened to pay a sum of `50,000/- as compensation to the heirs of the deceased within two months from today failing which this petition would be treated as dismissed. Copy of the judgment be sent to the Chief Judicial Magistrate, Amritsar for compliance. September 27, 2011 (A.N. Jindal) deepak Judge