Crl.Rev.No.998 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.998 of 2009 Date of Decision: 11 - 5 - 2009 Joginder Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.O.P.Nagpal, Advocate for the petitioner. Mr.Mehardeep Singh, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Joginder Singh son of Raghbir Singh was convicted by the Court of Sub Divisional Judicial Magistrate, Samana to undergo rigorous imprisonment for two years and to pay fine of Rs.2,000/- under Section 304- A IPC. In default of payment of fine, he was to undergo rigorous imprisonment for two months. He has been also convicted under Section 338 IPC to undergo rigorous imprisonment for 1½ years and to pay fine of Rs.1,000/- and in default of payment of fine, he was to undergo rigorous imprisonment for one month. He has been further sentenced under Section 279 IPC to undergo rigorous imprisonment for six months and to pay fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous Crl.Rev.No.998 of 2009 [2] imprisonment for one month. Counsel for the petitioner has stated that in the present case, occurrence had taken place on 8.10.2004. Petitioner was driving a truck which hit the car and due to accident Karnail Singh died at the spot. Counsel for the petitioner at the out set has stated that he will not assail the conviction but taking into consideration the protracted trial and the fact that petitioner immediately alighted from the truck, met the persons who were standing there, disclosed his identity and only after when Karnail Singh had died, he left the spot, should be taken into consideration as mitigating circumstances. Counsel for the petitioner has stated that petitioner has not committed any offence before registration of the FIR or thereafter. Counsel has further submitted that petitioner is having old age parents to support. He has further submitted that sentence awarded is excessive. He stated that only one person had died in the accident and the sentence awarded be adequately reduced. Trial Court has not examined the mitigating circumstances while determining the quantum of sentence. Mr.Mehardeep Singh appearing for the State has submitted that accidents are on rise and maximum sentence should be awarded as a deterrent. I have given thoughtful consideration to the submissions advanced by counsel for the parties. Taking into consideration that petitioner has suffered protracted trial of five years, his conduct and antecedents, I am of the view that ends of justice will be met if the sentence is adequately reduced. Accordingly, the sentence awarded to the petitioner under Sections 304-A and 338 IPC is reduced to nine months rigorous imprisonment. However, the sentence of fine is enhanced from Rs.2,000/- Crl.Rev.No.998 of 2009 [3] to Rs.10,000/-. The amount of fine be deposited within three months from the date of receipt certified copy of this order. The amount of fine be disbursed to legal heirs of the deceased. All the sentences awarded under various offences shall run concurrent. With aforesaid modification in the order of sentence, the present revision petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) May 11, 2009. JUDGE RC