IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Rev. No.1761 of 2002 Date of Decision: January 19, 2009 Sat Pal .............Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.N.K.Sanghi, Advocate and Mr. Munish Garg, Advocate for the petitioner. Mr. Amandeep Singh Rai.AAG Punjab Sabina, J. Sat Pal-petitioner was convicted and sentenced under Sections 279 and 304-A of the Indian Penal Code (`IPC' for short) by the Judicial Magistrate, First Class Sunam vide judgment and order dated 14.9.2001. Under Section 279 IPC, petitioner was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.200/- and under Section 304-A IPC, petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.800/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Sangrur vide judgment dated 19.8.2002. Prosecution story, in brief, as noticed by the appellate Court, in para 2 of its judgment, is as under:- “The prosecution version against the appellant was that on 21.11.1997 on receipt of wireless message from P.S. Kotwali, Sangrur regarding admission of Atma Singh injured in the hospital, H.C. Satnam Singh went to hospital for recording statement of Atma Singh but on that day Atma Singh had already Crl.Rev. No.1761 of 2002 -2- been referred to Rajindra Hospital, Patiala, from where he was referred to PGI, Chandigarh as his condition was serious. On 22.11.197 another wireless message was received from P.P.PGI Chandigarh upon which ASI Nahar Singh went to PGI Chandigarh and he came to know that Atma Singh had succumbed to his injuries. At that time ASI Nahar Singh could not find any relative of the deceased. On 23.11.1997 Gurwinder Singh son of Atma Singh deceased met ASI Nahar Singh and suffered statement before him to the effect that on 21.11.97 he alongwith his brother Amar Kaur and father Atma Singh was going to village Dhandoli on scooter bearing No. HR-12-2867 being driven by Atma Singh and whey they were crossing in front of the grain market and shop of Teja Singh mechanic of village Shafipur Kalan, a jeep was already parked on one side of the road and driver of the jeep reversed the jeep without giving any horn or caring that same might not hit anybody. However, the jeep dashed with the scooter of Atma Singh and he received multiple injuries. Atma Singh was removed to hospital at Kauhrian and from there to Rajindera Hospital Patiala and from Patiala to PGI Chandigarh. Atma singh died on 22.11.97. Jeep involved in the accident bearing No. HPS-2835 was driven by Sat Pal s/o Mohan Lal who later on fled away from the place of occurrence. The occurrence took place due to rash and negligent act on the part of the appellant. Later on it was known that the jeep had accompanied a marriage party of daughter of Teja Singh and the same had come from Nabha. On the statement Ex. PW1/A of Crl.Rev. No.1761 of 2002 -3- Gurwinder Singh FIR Ex.PW12/B was registered against the accused/appellant on 23.11.97. The investigating officer got post- mortem on the dead body of Atma Singh conducted from hospital and thereafter the dead body was handed over to his relatives. Thereafter, he visited the place of occurrence and prepared rough site plan and recorded statements of witnesses. The registration certificate of the jeep was taken into police possession on 27.11.97 vide memo Ex.PW3/C. Scooter and jeep were taken into possession and got mechanically tested on 28.11.97. Statement of Amar Kaur widow of Atma Singh was also recorded. After completion of investigation challan against the accused was presented in lower Court.” Learned counsel for the petitioner has submitted that the accident in this case had taken place on 22.11.1997. Petitioner was facing criminal proceeding since then. Learned counsel has not challenged the conviction of the petitioner by the Courts below but has only challenged the sentence awarded to him by the Courts below. Learned counsel has submitted that the petitioner has undergone about two months of actual sentence and his sentence may be reduced to already undergone by him. Initially, the petitioner was found guilty by the Judicial Magistrate, First Class, Sunam and was ordered to be released on probation on 20.4.1999. Petitioner preferred an appeal against the said judgment and the Additional Sessions Judge, Sangrur set aside the order and remanded the case back to the Judicial Magistrate, First Class, Sunam for fresh recording of statement of the petitioner under Section 313 Cr.P.C. Thereafter, the impugned judgment and order dated 14.9.2001 were passed by the Judicial Crl.Rev. No.1761 of 2002 -4- Magistrate, First Class, Sunam. Keeping in view the peculiar facts and circumstances of this case, it would be in the interest of justice, to reduce the sentence of imprisonment to already undergone by the petitioner as he has been facing criminal proceedings since 1997. Accordingly, conviction of the petitioner under Sections 279 and 304-A IPC is maintained. However, the sentence of imprisonment is reduced to already undergone by him. Revision petition is disposed of accordingly. ( Sabina ) Judge January 19, 2009 arya