IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 985 of 2003 Date of Decision : March 09, 2010 Gurjit Singh ....Petitioner Versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Munish Gupta, Advocate for the petitioner. Mr. P.S. Sidhu, Additional Advocate General, Punjab T.P.S. MANN, J. (Oral) The petitioner was tried for offences under Sections 279 and 304-A IPC on the allegations that on 15.6.1996 at 7.30 a.m., he drove bus bearing No. CH-01-N-5075 at a very high speed and in a rash and negligent manner as a result of which it struck against Baldev Singh, who was standing by the side and said Baldev Singh received injuries to which he succumbed when he was taken to the hospital. Vide judgment and order dated 26.4.2002, learned Judicial Magistrate Ist Class, Kharar convicted the petitioner under Section 279 IPC and sentenced him to undergo rigorous imprisonment for one month and to pay a fine of Rs.500/-, in default thereof, rigorous imprisonment for one month. The petitioner was also convicted under Section 304-A IPC and Crl. Revision No. 985 of 2003 -2- sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.1000/-, in default thereof, rigorous imprisonment for two months. Aggrieved of his conviction and sentence, the petitioner filed an appeal but the same was dismissed by Additional Sessions Judge, Rupnagar on 28.4.2003 by maintaining the conviction and sentences of the petitioner. Hence, the present revision. There is sufficient evidence in the form of statements of PW1 Ram Singh and PW2 Bachna Ram regarding the manner in which the petitioner had driven the offending bus at the time of the accident as a result of which Baldev Singh, who was standing on his side was hit and said Baldev Singh received injuries. When Baldev Singh was being taken to the hospital, he breathed his last. It has also come in the statement of PW2 Bachna Ram that though the petitioner had agreed to remove the injured in the bus to the hospital yet when the bus reached just ahead of Landran Bus Stand, Baldev Singh injured succumbed to his injuries, the petitioner got down from the bus on the pretext of making a telephone call and then slipped away surrepticiously. The police had also conducted thorough investigation in which the involvement of the petitioner was found. Therefore, there is no option but to sustain the conviction of the petitioner, as recorded by the learned Courts below. Crl. Revision No. 985 of 2003 -3- The petitioner is facing the agony of criminal prosecution since the year 1996. Upon dismissal of his appeal by the lower appellate Court, the petitioner was taken into custody and it was only pursuant to order dated 6.5.2003 passed by this Court in the present revision that he was released on bail. When the petitioner was heard by the learned trial Court on the quantum of sentence, he had pleaded that he was not a previous convict and a young bread winner in the family. Taking into consideration the totality of the circumstances, the Court is of the view that instead of sending the petitioner behind the bars, once again, for serving his remaining sentence, ends of justice would be met, if the substantive sentences of imprisonment imposed upon the petitioner are reduced to that already undergone by him and at the same time the petitioner can be directed to pay adequate amount as compensation to the legal heirs of deceased Baldev Singh. Resultantly, the conviction of the petitioner for the offences under Sections 279 and 304-A IPC is maintained. However, the substantive sentences of imprisonment on both the counts are reduced to that already undergone by him. The sentences of fine alongwith default clauses on both the counts are maintained. In addition, the petitioner shall deposit an amount of Rs.30,000/- with the trial Court within three months from the date of preparation of a certified copy of the order, failing which the petitioner shall be required to undergo his remaining Crl. Revision No. 985 of 2003 -4- substantive sentences of imprisonment. The amount of Rs.30,000/-, if deposited, be disbursed to the legal heirs of deceased Baldev Singh, as compensation. But for the modification in the quantum of sentences of imprisonment, as indicated above, the revision fails and is, therefore, dismissed. ( T.P.S. MANN ) March 09, 2010 JUDGE ajay-1