CRR No.990 of 2011 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRR No.990 of 2011 (O & M) Date of decision : 29.9.2011 Hoshiar Singh ........Petitioner Vs. State of Haryana and oothers ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr. Vivek Singla, Advocate, for the petitioner Mr.S.S.Nara, Senior DAG, Haryana Mr. Rajesh Sehgal, Advocate, for respondents No.2 to 5 --- AJAI LAMBA, J (Oral) The trial Court vide judgment dated 3.10.2009 convicted the petitioner under Sections 279, 337, 338 and 304-A of the Indian Penal Code and vide order dated 5.10.2009 sentenced him in the following terms :- Sr. No. Under Section Imprisonment 1 279 IPC Simple imprisonment for a period of six months. 2 337 IPC Simple imprisonment for a period of six months. 3 338 IPC Simple imprisonment for a period of two years and fine of ` 1000/-. 4 304-A IPC Simple imprisonment for a period of two years and fine of ` 1000/-. (In default of payment of fine, the petitioner was sentenced to further undergo simple imprisonment for a period of one month). The petitioner carried an appeal. The appeal has been dismised vide the other impugned judgment dated 22.4.2011, passed by the Appellate Court. At this point in time in this revision petition, it has been stated that the petitioner is ready to compensate the injured and next of kin of Raj CRR No.990 of 2011 (O & M) -2- Kumar (deceased) by way of paying compensation. It has been pleaded on behalf of the petitioner that there is no mens rea involved in the accident. The petitioner has suffered enough by way of staying behind bars for more than five months. Learned counsel for respondents No.2 to 5 contends that indeed they would be satisfied if a sum of ` 1.75 lakhs be paid to the said respondents as compensation. I have considered the contention of learned counsel for the parties. Mens rea is not involved in a case of road accident. For the rash and negligent driving of the petitioner, the petitioner has suffered substantive sentence of more than five months. Learned counsel for the petitioner has handed over a sum of ` 1.75 lakhs to Seema-respondent No.2 who has received the said amount on behalf of respondents No.2 to 5 in Court. Since the affected persons are satisfied with the compensation and also pray for release of the petitioner, this criminal revision is dismissed with modification in sentence to the effect that the sentence of the petitioner is reduced to already undergone with compensation paid to the private respondents. The compensation paid in these proceedings, however, is independent of the proceedings pending or undertaken by the respondents under the Motor Vehicles Act. (AJAI LAMBA) JUDGE 29.9.2011 akm