Criminal Rev. No.876 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Rev. No.876 of 2011 (O&M) Date of Decision: 24.08.2011 Nirmal Singh ...Petitioner Vs. State of Punjab ...Respondent BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.K.S.Boparai, Advocate, for the petitioner. Mr.Baljinder Singh Sra, Addl.A.G., Punjab. --- A.N.Jindal, J. The judgment dated 22.03.2011 passed by the learned appellate court dismissing the appeal against the judgment dated 11.08.2008 passed by the learned trial court convicting and sentencing the accused (herein referred as the petitioner) under sections 304-A and 279 IPC has been challenged by way of present revision petition. Nothing has been argued so far as conviction part of the impugned judgment is concerned. However, while pointing out the order dated 18.05.2011 of this court, the learned counsel for the petitioner has submitted that heirs of the deceased have already received a sum of Rs.2,50,000/- and he is ready to pay a sum of Rs.35,000/- more to compensate the heirs of the deceased. It is Criminal Rev. No.876 of 2011 2 also urged that the petitioner being an old man is sole bread-earner of the family and having undergone some part of the substantial sentence some leniency may be extended to him. To the contrary, Mr.Baljinder Singh Sra, Addl. Advocate General, Punjab has not opposed much if lenient view could be taken in the matter of sentence. Having heard on the quantum of sentence it may be observed that as stated by the counsel for the petitioner today in court that the heirs of the deceased have already received a sum of Rs.2,50,000/- as compensation under award dated 10.4.2005 passed by the Motor Accident Claims Tribunal. The petitioner is ready to pay Rs.35,000/- more to compensate the heirs of the deceased. The deceased died after 15 days of the accident. The petitioner is now 60 years old having undergone some part of the sentence. He is the sole bread earner of the family. The accident took place as a result of the head on collision of scooters of the deceased and the petitioner. As such, it would be in the fitness of things to extend some leniency to the petitioner in this case. Resultantly, this revision petition is dismissed with the modification in the sentence to that of already undergone but without any alteration in the sentence of fine. The petitioner shall also pay Rs.35,000/- as compensation to be deposited within 3 months before the Chief Judicial Magistrate, Patiala with a notice to the heirs of the deceased and on deposit, the heirs of the deceased would be at liberty to receive the same in equal shares. (A.N.Jindal) 24.08.2011 Judge rp