IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Revision No.1538 of 2000 Date of decision : 29.1.2010 Ajmer Singh … Petitioner Versus State of Haryana …Respondent CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.Rajinder Goel, Advocate for the petitioner. Mr.Harinder S.Beniwal, DAG, Haryana. Sabina J. The petitioner was convicted for an offence under Section 279, 337, 338 and 427 of the Indian Penal Code (IPC) by Judicial Magistrate 1st Class, Kaithal vide judgment dated 30.7.1999. Vide order dated 31.7.1999, he was sentenced to rigorous imprisonment for one month and to pay fine of Rs.250/- under Section 279 IPC; he was further sentenced to undergo rigorous imprisonment for a period of four months and imposed a fine of Rs.250/- under Section 338 IPC, he was further sentenced to rigorous imprisonment for a period of one month under Section 337 IPC and he further was sentenced to rigorous imprisonment for a period of four months under Section 427 IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed by the additional Sessions Judge, Kaithal vide judgment dated 2.12.2000. Hence, the present Revision under Section 401 of the Code of Criminal Procedure. Prosecution case in brief as noticed by learned Additional Sessions Judge in para 2 of its judgment, is as under:- “Brief facts of the case required for purpose of deciding the present appeal are that on 4.12.1992 at about 10.00-11.00 a.m. Complainant- Shisha Singh alongwith his father Hazara Singh was coming from his village Pharal on a tractor-trolley to Dhand Mandi. Gurcharan Singh and Sher Singh PWs were also accompanying them on the same tractor-trolley. When they reached near village Chuhar Majra, then a bus bearing no.DEF-6611 came from behind at a very fast speed. It was being driven rashly and negligently and it struck the tractor- Crl.Revision No.1538 of 2000 tralley had gone into the side pits and over turned. Both, Hazara Singh and Shisha Singh had suffered injures besides the damage of their tractor-trolley. The bus driver fled away from the spot after leaving the bus at some distance from place of accident. On the basis of aforesaid Ex.PA, FIR Ex.PA/1 was registered and investigation were initiated. The Investigating Officer had inspected the spot and prepared rough site plan and got the place of occurrence photographed. He also took in the possession bus as well as the tractor-trolley and arrested the accused. After completion of necessary investigation, challan against the accused for the offences under sections 279, 337, 338 and 427 IPC was presented in the Court.” During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Sections 279, 337, 338 and 427 of the Indian Penal Code ( in short ‘IPC’) but has submitted that sentence qua imprisonment be reduced to already undergone by the petitioner. Learned counsel for the petitioner has submitted that the parties had arrived at a compromise. Shisha Singh and Hazara Singh who were injured, had given their affidavits to the effect that the parties have arrived at a compromise. The said affidavits are Annexure P-1 and P-2 attached with the petition. Learned counsel for the petitioner has submitted that the petitioner has undergone 21 days of actual sentence out of 4 months of the imposed sentence. Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the quantum of sentence to already undergone by the petitioner. Accordingly, conviction of the petitioner under Sections 279, 337, 338 and 427 IPC is maintained. However, sentence qua imprisonment is reduced to already undergone by the petitioner. Fine has already been deposited by the petitioner. Petition stands disposed of accordingly. [ Sabina ] Judge 29.01.2010 sd 2