Criminal Revision No. 507 of 1994 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 507 of 1994 Date of Decision: 7.2.2008. Prem Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K.Malik, Advocate for the petitioner. Mr. Manmohan Sikka, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Mr. Ram Kumar Malik, Advocate, at the outset has stated that since two Courts below have recorded finding of fact that it was due to the rash and negligent driving of petitioner that death of Sunil Kumar, child, was caused, he raised alternative argument that accident was also caused due to contributory negligence of the child deceased Sunil Kumar. Concept of contributory negligence is alien to criminal law. The revisional Court cannot re-appreciate and do re-appraisal of the evidence. Mr. Malik has drawn my attention to ground No.2 of his revision wherein it has been stated that petitioner was aged 28 years and sole bread earner of the family and has two minor daughters to be Criminal Revision No. 507 of 1994 2 looked after. It has been contended by Mr. Malik that since occurrence in the present case took place in 1988, period of more than 19 years is going to lapse and during this time, the daughters of petitioner are of marriageable age. Stigma of petitioner going inside the jail will mar the matrimonial prospects of his daughters. Mr. Malik has stated that in the 19 years, petitioner has committed no offence and the offence for which the petitioner has been convicted was his first offence. I find merit in the submissions of Mr. Malik so far as quantum of sentence is concerned. Taking into account protracted trial of 19 years, family responsibilities of the petitioner, his antecedents, ends of justice will be met in case sentence of petitioner is reduced to already undergone and fine is enhanced to Rs.35,000/-. The amount of fine shall be deposited by him on or before 7.5.2008. The amount of fine shall be disbursed to the legal heirs of the deceased. Non-payment of fine shall render this revision petition as dismissed. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 7, 2008 “DK”