IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. R. No. 558 of 2009 Date of decision: 30.09.2010 Mohinder Singh … Petitioner versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present: Mr. S.S.Chatrath, Advocate, for the petitioner Mr. B.S. Sra, Addl. AG Punjab … ARVIND KUMAR, J: The petitioner was tried by the Court of Sub Divisional Judicial Magistrate, Samana, under Section 279/304-A IPC on the allegation that on 10.5.2001, he while driving bus bearing registration No. PB-11P/8288 in a rash and negligent manner, hit the scooter driven by Raghbir Singh, i.e. brother of complainant Balwant Singh, as a result of which he fell down and died at the spot. On conclusion of trial, the learned trial Court held the petitioner-accused guilty under Section 304-A IPC and sentenced him to undergo rigorous imprisonment for 1½ year and to pay a fine of Rs.1500/- and in default of its payment, to undergo rigorous imprisonment for two months. On appeal, the lower appellate Court upheld the judgment of the trial Court. Hence, the present revision. I have heard the learned counsel for the parties. Counsel for the petitioner has contended that the petitioner is facing the agony of protracted trial for the last more than nine years. It is stated that the petitioner has already undergone sentence for about one month. Counsel has pointed out that it was a solitary accident and there is nothing to suggest that the petitioner is a previous convict or repeated the offence after having been released on bail and has thus, prayed that his sentence be reduced. Crl. R. No. 558 of 2009 -2- Undisputedly, the present petitioner is facing the agony of protracted trial/appeal for the last more than nine years and there is nothing to suggest of his repeating the offence. He has already undergone sentence of about one month. Thus, the ends of justice would be sufficiently met if the sentence upon the petitioner under Section 304-A IPC is reduced from 1½ year to nine months. It is ordered accordingly. As regards the fine so imposed, the same stands maintained. The appellant shall immediately surrender before the Authorities concerned to undergo the remaining sentence. With the above modification in the sentence, the instant revision stands disposed of. September 30, 2010 ( ARVIND KUMAR ) JS JUDGE