In cases of criminal negligence involving motor accidents, appellate courts may reduce substantive imprisonment to the period already undergone when litigation has spanned an inordinate duration, provided that the interests of the victims are balanced through enhanced monetary compensation.

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The petitioner has filed the present revision petition against the impugned judgement dated 04.12.2007 passed by the Court of Sessions Judge, Jalandhar and the judgement of conviction and order of sentence dated 01.06.2007 passed by the learned Judicial Magistrate 1st Class, Jalandhar, where by, the petitioner was held guilty for the commission of offences punishable under Sections 279 and 304-A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of 03 months and to pay a fine of Rs.50/- for the offence under Section 279 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 07 days. He was further sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs. 100/- for the offence under Section 304-A of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for a period of 15 days.

2. The facts of the prosecution case are that Krishan Dev, complainant, PW2, had retired from the army as Subedar and has been residing in village Dadiyal, District Hoshiarpur. On 07.06.1999, he alongwith his wife Nanki Devi, deceased, who was about 75 year old, had come to Nakodar to meet their daughter Leela Devi. The bus was stopped at Jalandhar outside the bus stand itself and he alongwith the deceased after alighting from the bus was coming inside the bus stand to board the other bus. When they just entered the bus stand, the deceased was going ahead of him. In the meanwhile, bus bearing registration No. DL-1P-6480 of private bus company came from the side of the main gate and driver of that bus without blowing any horn and by driving the same at fast speed struck against the deceased as a result of which she fell down and front left wheel of the bus passed over her stomach. As a result of the receipt of the multiple injuries, she died at spot itself. The bus stopped by the driver and a number of persons had gathered there. Taking advantage of rush of persons the driver succeeded in escaping from the spot. The complainant was proceeding to police station to lodge the report when Inderjit Singh, ASI, and other Police official met him in the bus stand itself who were present there in connection with checking. At that place, he made his statement Ex. PA before the ASI, who after making his endorsement Ex. PA/1 upon the same, sent that to the police station and on the basis of which formal F.I.R. Ex. PA/2 was recorded under Sections 279 and 304-A I.P.C. Accompanied by the complainant, the ASI came to the place of occurrence and after inspecting the same prepared the rough site plan Ex. PW6/A with correct marginal notes. The bus was taken into possession vide memo Ex. PB. The ASI prepared the inquest report Ex. PW1/B in respect of the dead body and sent the same for post mortem examination, through Balwinder Kumar, Constable, and Chanchal Singh SPO, along with his application Ex. PW 6/B. The autopsy on dead body was performed by Dr. G.S. Mann. PW3, who found antemortem injuries on the same and gave his opinion that the cause of death was shock and haemorrhage due to those injuries which were sufficient to cause the death in the ordinary course of nature. After the post mortem examination, the wearing apparels found on the dead body were produced before the ASI, who convert those into a parcel and took that parcel into possession vide memo Ex. PW6/ C. On the same day, the bus was mechanically tested by Amarjit Singh, Constable Mechanic,