Crl. Revision No.1583 of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.1583 of 2001 DATE OF DECISION: FEBRUARY 06, 2009 Kuldeep .....PETITIONER Versus State of Haryana ....RESPONDENT CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.J.S. Bedi, Advocate, for the petitioner. Mr.A.K.Rathee, AAG, Haryana. .. SATISH KUMAR MITTAL, J. Kuldeep petitioner has been convicted for the offence under Sections 279 and 304A IPC by the court of Sub Divisional Judicial Magistrate, Hansi vide judgment dated 9.6.1999 and sentenced to undergo imprisonment for three months under Section 279 IPC and to pay a fine of Rs.500/-, in default of payment of fine, to further undergo imprisonment for fifteen days; and two years under Section 304-A IPC and to pay a fine of Rs.1000/-, in default of payment of fine, to further undergo imprisonment for one month. Both the sentences were ordered to run concurrently. Against the said judgment, he filed an appeal before the Additional Sessions Judge, Hisar, which was dismissed vide judgment dated 03.10.2001 and the judgment of conviction and order of sentence passed by the trial Court were affirmed. Against that judgment, the petitioner has filed the present revision Crl. Revision No.1583 of 2001 -2- petition. In this case, the alleged accident had taken place on 12.4.1993 with the matador, which was being driven by the petitioner in which two persons died. As per the prosecution case, the said accident had taken place due to rash and negligent driving of the petitioner. In order to prove its case, the prosecution examined as many as 6 witnesses, including PW3-Shishpal (complainant) and PW4-Daljeet Singh, who was eye-witness to the said accident. The trial Court after hearing the arguments of the learned counsel for both the parties and appreciating the evidence available on the record, convicted the accused and sentenced him, as indicated above. With the assistance of the learned counsel for the petitioner and the learned counsel for the State, I have gone through the judgments of the Courts below as well as the record of the case. Learned counsel for the petitioner submits that though the accident had taken place due to the wrong driving of the scooterist, who had come in the middle of the road from the wrong side which resulted in the accident, but he is not in a position to challenge the judgment of conviction on merits. However, on the question of sentence, learned counsel argued that out of two years sentence, the petitioner had already undergone actual sentence of 3 months and 17 days. He further submitted that since January, 2002 the petitioner is on bail. He has already suffered protracted trial for the last 16 years. He further stated that the petitioner is a poor person and has to support his children, as he is the only bread earner in the family. He further stated that the petitioner is also not a previous convict and, therefore, no useful purpose will be served in requiring him to undergo the remaining Crl. Revision No.1583 of 2001 -3- portion of his sentence at this belated stage. In these facts and circumstances, even learned counsel for the respondent-State has not objected if the sentence of imprisonment of the petitioner is reduced to the period already undergone. After hearing the arguments of the learned counsel for the parties on the quantum of sentence, I am of the view that no useful purpose will be served by sending the petitioner in jail at this stage, particularly when he has already undergone 3 months and 17 days of actual sentence and is on bail since January, 2002; he has already suffered protracted trial for the last 16 years; he is a poor person and has to support his children, as he is the only bread earner in the family; and he is also not a previous convict. Thus, keeping in view the said facts, the sentence awarded to the petitioner is modified and reduced to the period already undergone by him. With this modification in the sentence, the criminal revision is dismissed. February 06, 2009 ( SATISH KUMAR MITTAL ) vkg JUDGE