IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.2493 of 2009 (O&M) Date of Decision:- 06.11.2009 Surjit Singh ....Petitioner(s) versus. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.S.P.Soi, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. The present revision petition has been preferred against the judgment and order dated 30.3.2009 passed by the Chief Judicial Magistrate, Fatehgarh Sahib, vide which the petitioner has been convicted and sentenced under Sections 279, 337 and 304-A IPC and the judgment and order dated 24.8.2009 passed by the learned Additional Sessions Judge (Ad hoc), Fast Track Court, Fatehgarh Sahib, vide which the appeal preferred by the petitioner has been dismissed. For offence under Section 279 IPC, the petitioner has been sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.300/- and in default of payment thereof, to further undergo RI for 20 days, under Section 337 IPC, to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/- and in default of payment thereof, to further undergo RI for 20 days and under Section 304-A IPC, to undergo rigorous imprisonment for a period of Crl.Rev.No.2493 of 2009 (O&M) -2- 1½ years and to pay a fine of Rs.3000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. All the sentences were, however, ordered to run concurrently. Counsel for the petitioner submits that he does not want to press the present petition on merits of the case and prays for interference only on the quantum of sentence. However, he submits that the petitioner has a wife and two children to support and is the sole bread-winner of his family. He further contends that the petitioner has faced the agony of protracted trial/appeal for the last more than 8 years and, therefore, his sentence may be reduced. After the conviction also, the petitioner has undergone sentence of more than two months. Counsel contends that the petitioner is ready and willing to compensate monetarily the families of both the deceased, namely, Balwinder Singh and Rakesh, and prays for being released so that he is in a position to support his family failing which the family would be starved. Counsel for the respondent-State has been unable to rebut the contentions which have been raised by the counsel for the petitioner. Keeping in view the totality of the circumstances of the case and in the light of the fact that the petitioner has a family to support and it was a solitary accident and he being the sole bread-winner of the family, apart from the fact that he has been facing the agony of protracted trial/appeal for the last more than 8 years, a lenient view should be taken in the matter. Thus, the ends of justice would be sufficiently met if the sentence of the petitioner is reduced. Accordingly, the same is reduced to the period already undergone, however, subject to payment of compensation Crl.Rev.No.2493 of 2009 (O&M) -3- of Rs.40,000/- to the legal representatives of the deceased-Balwinder Singh and Rs.40,000/- to the legal representatives of the deceased-Rakesh, to be deposited by the petitioner within a period of three months in the Court of Chief Judicial Magistrate, Fatehgarh Sahib. The amount so deposited shall be disbursed to the above-mentioned within a period of two months of the date of deposit. The above reduction in sentence shall come into effect from the date of deposit of the compensation amount by the petitioner, as assessed above. In case of failure of the petitioner to deposit the amount within the time stipulated, the sentence awarded by the Chief Judicial Magistrate, Fatehgarh Sahib, vide order dated 30.3.2009 shall come into operation. With the above modification in the sentence, the revision petition stands disposed of. November 06, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE