Criminal Revision No. 191 of 1994 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 191 of 1994 Date of Decision: 21.01.2008. Krishan Lal …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vinod S. Bhardwaj, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner, who was posted as driver on 22.11.1988, was driving bus bearing No. PUH-7302. The same, due to rash and negligent act of the petitioner, struck Jaswinder Kaur who died at the spot. The petitioner was put to trial and was convicted by the Court of learned Judicial Magistrate Ist Class, Jalandhar, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default thereof to further undergo rigorous imprisonment for two months. The appeal was dismissed by the Court of learned Additional Sessions Judge, Jalandhar, who maintained the sentence awarded by the trial Court. Aggrieved against the same, the present revision petition has been filed. Mr. Vinod S. Bhardwaj, Advocate, appearing for the petitioner has stated that due to conviction of the appellant being maintained by Criminal Revision No. 191 of 1994 2 two Court below and finding of facts arrived at, he is unable to dislodge the evidence recorded against him. He has fairly contended that he is aware that this Court cannot go into the realm of appreciation of evidence. He has confined his prayer to reduction of sentence or release the petitioner on probation and stated that in this case the occurrence took place on 22.11.1988 and in the head note of the judgment of trial Court i.e. learned Judicial Magistrate First Class, Jalandhar, age of the petitioner was recorded as 50 years. He further stated that more than 20 years have lapsed and the appellant is now approaching 70 years of age and is at the fag end of his life. I am in agreement with Mr. Bhardwaj that the appellant, who is about 70 years of age, sending him into jail will not serve any useful purpose. He has already suffered a protracted trial as the occurrence pertains to 22.11.1988. After spending 20 years period in the corridors of the Court, one has to suffer constant fear of undergoing sentence. Therefore, the sentence of petitioner is reduced to the period he has already undergone. However, fine is enhanced to Rs.25,000/-, which shall be given to the legal heirs of the deceased. Non-deposit of fine by the appellant on or before 25.3.2008 in the Court will be considered as dismissal of the present revision petition and the petitioner will undergo the sentence awarded to him by the Courts below. With these modifications, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge January 21, 2008 “DK”