IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1606 of 2009 Date of decision : October 15, 2009 Johardeen Badlu Khan ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Maharaj Kumar, Advocate, for the petitioner Mr. Pardeep Virk, DAG Haryana L.N. Mittal, J. (Oral) Johardeen Badlu Khan has filed this revision petition challenging his conviction and sentence by the courts below. The petitioner has been convicted under sections 279, 304-A IPC and sentenced to undergo rigorous imprisonment for six months and fine of Rs 500/- under section 279 IPC and rigorous imprisonment for one year and fine of Rs 500/- under section 304-A IPC. Both the sentences were ordered to run concurrently. Appeal preferred by the petitioner stands dismissed by Sessions Court. Following order was passed in the instant petition on 11.8.2009:- “In exercise of revisional jurisdiction, no ground is made out for interference with concurrent finding of guilt of the petitioner by both the courts below passed on proper appreciation of evidence. There is categorical evidence of eye witnesses that the truck came to wrong side being driven rashly and negligently and caused accident resulting in death of the complainant's sister (Rajwant Kaur). Criminal Revision No. 1606 of 2009 -2- Learned counsel for the petitioner prays for reduction in sentence of imprisonment with enhancement of fine/compensation. Notice of motion qua the said prayer only for 11.09.2009”. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner on instructions from Sher Mohd. brother of the petitioner states that the petitioner would pay compensation of Rs 1 lac for the legal heirs of the deceased. The accident occurred more than 11 years ago. Keeping in view all the circumstances including the manner of accident and other facts on record of the trial court, as a special case, sentence of imprisonment for one year for offence under section 304-A IPC is reduced to imprisonment for six months subject to the condition that the petitioner shall deposit an amount of Rs 1 lac with the trial court for payment as compensation to the victim's heirs. If the compensation amount is not deposited, the revision petition shall be deemed to have been dismissed. If the compensation amount is deposited, the trial Magistrate shall issue notice to the legal heirs of the deceased and shall pay compensation amount to them. This order shall not be read as a precedent for other cases. With modification in sentence as aforesaid, the instant revision petition stands disposed of accordingly. ( L.N. Mittal ) October 15, 2009 Judge 'dalbir'