Criminal Revision No. 720 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 720 of 2008 Date of Decision: 13.8.2008 Prabhdeep Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Simranjit Singh, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the respondent-State. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner Prabhdeep Singh was nominated as accused in case FIR No. 71 dated 26.3.2000 registered at Police Station Kahnuwan under Section s304-A and 427 IPC. Sukhjinder Singh died in the Military Hospital. On a ruqa sent, Hardev Singh, Assistant Sub Inspector, recorded the statement of Satinder Singh, brother of the deceased who stated that on 25.3.2000, he and his brother were coming back to their village on a scooter. When they had reached the bus stand Tugalwal, then one Tata Sumo came from the opposite side and due to rash and negligent driving of the driver of the offending vehicle, accident was caused and Sukhjinder Singh Criminal Revision No. 720 of 2008 2 became unconscious. Tata Sumo was also damaged in the accident. It was stated that the offending vehicle was driven by Prabhdeep Singh, petitioner. Accident was caused as the petitioner was coming from the wrong side. PW.1 Hardeep Singh proved the inquest report. PW.2 Satinder Singh, complainant, appeared as eye-witness and supported the prosecution case. He was corroborated by PW.3 Bhan Singh, another eye witness. Surjit Singh, Head Constable, appeared as PW.4 to whom the photographs have been handed over vide memo Ex.PW4/A. PW.5 Swinder Singh, Sub Inspector, had recorded the FIR Ex.PW5/A and endorsement Ex.PW5/B. PW.6 Krishan Gopal, Constable, gave the reports regarding the vehicles and test reports were exhibited as Ex.PW6/A and Ex.PW6/B. PW.7 Paramjit Singh is the Photographer who has proved the photographs and negatives Ex.P1 to Ex.P10. PW.8 Shri Niwas has proved the registration certificate of Tata Sumo which was exhibited as Ex.PW6/A. PW.9 Harnek Singh, Assistant Sub Inspector, is the Investigating Officer. He has prepared the inquest report, proved the site plan and the recovery memos. PW.10 Kartar Singh has proved the signatures of the doctor on the inquest report. Both the Courts below have relied upon the testimony of eye witnesses and have come to the conclusion that petitioner being driver Criminal Revision No. 720 of 2008 3 of the offending vehicle was driving the vehicle in a rash and negligent manner and was responsible for the death of Sukhjinder Singh. Before both the Courts below it was urged that prosecution has failed to proved the identity. The Courts below relied upon identification memo Ex.PE and the testimony of witnesses to infer that the petitioner was driving the vehicle at that time. In view of the findings of fact recorded by two Courts below, this Court on 2.7.2008 had confined the prayer of the petitioner only regarding quantum of sentence. Counsel for the petitioner has submitted that in the present case, occurrence had taken place on 25.3.2000 and the petitioner has already suffered a protracted trial for the last eight years. Counsel has further submitted that the petitioner is not a previous convict and during the period in the last eight years also, he has committed no offence. Counsel has further stated that the petitioner is sole bread earner of the family. He further submitted that the antecedents and conduct of the petitioner entitle him for leniency in the sentence. Counsel has further submitted that the petitioner has already undergone four months and three days of his actual sentence. Counsel further submitted that the petitioner is ready and willing to monetarily compensate family of the deceased. Taking into consideration the aforesaid facts, the sentence of the petitioner is reduced to already undergone. However, the sentence of fine is enhanced to Rs.35,000/-. On deposit of fine in the trial Court the petitioner shall be released as having undergone his sentence. Criminal Revision No. 720 of 2008 4 The fine so deposited be disbursed to the legal heirs of the deceased. With these modifications in the sentence, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge August 13, 2008 “DK”