Criminal Revision No. 1223 of 2000 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1223 of 2000 Date of Decision: 28.1.2010 Gurdev Singh alias Mithu …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ajay Pal Singh, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed by Gurdev Singh alias Mithu son of Sarup Singh. He was named as accused in case FIR No. 96 dated 4.5.1998 registered at Police Station Kot, Sangrur, under Sections 279, 337, 427 and 304-A IPC. Petitioner was tried by the Court of Judicial Magistrate Ist Class, Sangrur, who vide judgment dated 4.6.1999, found petitioner guilty of offence under Sections 279, 304-A and 427 IPC. He was acquitted for offence under Section 337 IPC. The trial Court sentenced the petitioner to undergo rigorous imprisonment for six months and a fine of Rs.300/- for offence under Section 304-A IPC. In default of payment of fine, to further undergo rigorous imprisonment for one month. Petitioner was also sentenced to undergo rigorous imprisonment for one month and a fine of Rs.100/- for offence under Criminal Revision No. 1223 of 2000 2 Section 279 IPC. In default of payment of fine, to further undergo rigorous imprisonment for 15 days. He was also sentenced to undergo rigorous imprisonment for one month and a fine of Rs.100/- for offence under Section 427 IPC. In default of payment of fine, to further undergo rigorous imprisonment for 15 days. Aggrieved against the same, petitioner had filed an appeal. The lower Appellate Court, on 5.10.2000, had affirmed the conviction and sentence of petitioner and had dismissed the appeal. In the present case case, FIR was recorded on the statement of Nirmal Singh, Driver, who presented himself along with Balbir Singh, before Gurjit Singh, Assistant Sub Inspector, on 4.5.1998. It was stated that complainant Nirmal Singh, Driver, was driving Bus No. PB-11-9011 from Patran to Ludhiana. When they had reached near village Kheri at about 1.45 P.M., a Canter bearing No. PB-13-D-5815, came at a very high speed. This Canter was driven in a rash and negligent manner and had hit the bus. Due to the accident, a passenger namely Monika Goyal daughter of Suresh Kumar Goya died at the spot and other passengers received injuries. Petitioner was driver of the offending vehicle. PW.1 Nirmal Singh, Driver and PW.2 Balbir Singh, Conductor, of the bus, appeared and deposed against the petitioner. Counsel for the petitioner has submitted that he will not be in a position to assail the conviction of petitioner, recorded by the two Courts below, as he is conscious of the fact that while exercising revisional jurisdiction, this Court cannot reappreciate and do re-appraisal of the prosecution evidence. Counsel further submitted that he will not be in a position to say that the findings recorded by the two Courts below are perverse. However, counsel has very fairly submitted that he will pray to this Court that an opportunity be afforded to the petitioner to compensate the Criminal Revision No. 1223 of 2000 3 family of deceased so that some succour is provided to the grieved family as sending the petitioner behind the bars will serve no useful purpose. Counsel has further submitted that occurrence in the present case had taken place on 4.5.1998; petitioner is in the corridors of the Court for the last 12 years and has suffered pain and agony of protracted trial. Counsel has further submitted that petitioner has not committed any offence before or after the occurrence. He is a sole bread earner of the family. Taking into consideration the above submissions made by counsel for the petitioner, this Court is of the view that ends of justice will be fully met in case reasonable compensation is paid to the family of deceased Monika Goyal. Therefore, sentence awarded upon the petitioner is reduced to already undergone, however, sentence of fine is enhanced to Rs.35,000/-. The amount of fine shall be paid within three months from the receipt of certified copy and the same shall be disbursed to the legal heirs of the deceased. In case, fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioner. With the observations made above, present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge January 28, 2010 “DK”