In cases of criminal negligence resulting in death, while conviction is based on corroborated evidence, appellate courts may reduce custodial sentences for first-time offenders when litigation has been excessively prolonged, provided that the fine is enhanced to ensure adequate compensation for the victim's legal representatives.

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The petitioner has filed the present revision petition against the impugned judgement dated 13.06.2008 passed by the Court of Additional Sessions Judge, Chandigarh and the judgement of conviction and order of sentence dated 04.03.2003 passed by the Chief Judicial Magistrate, Chandigarh, whereby, 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.500/- for the offence under Section 279 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for one month. He was further sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs. 1000/- 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 two months.

2. Brief facts of the prosecution case are that on 04.08.1998, Constable Naresh Kumar, complainant was on traffic duty alongwith fellow police officials on the turn of Sectors 16 and 17, Chandigarh from 08.30 a.m. at about 08.45 a.m. when he gave signal to stop the traffic from Sectors 9 and 10 and 16 and 17 chowk, then a Hindu gentleman came on Hero Puch, who was wearing helmet, from the side of Sector 16 and turned towards his right side, then he saw one Tata Sumo of white colour coming from the side of Chowk of Sectors 9, 10, 16 and 17 being driven at a high speed and in a rash and negligent manner and also without caring for the signal. The said TATA Sumo bearing registration No. CH-01-W-7154 struck against the Hero Puch No. CH-01-R-2115. Due to the impact, the driver of the Hero Puch fell down and told his name as B.S. Rawat and the blood was oozing from his head. HC Sukhdev Singh stopped the offending TATA Sumo on asking the driver of TATA sumo told his name as Dalip Singh. Thereafter, the injured was removed to General Hospital, Sector 16, Chandigarh, who succumbed to his injuries there. The accused was arrested and the vehicles involved in the accident were taken into police possession. Site of the place of the accident was prepared. The place of incident was got photographed. After completion of necessary investigation and other formalities, challan against the appellant was presented in learned trial Court.

3. After the presentation of challan, the petitioner was charge-sheeted for the offences punishable under Sections 279 and 304-A IPC, to which, he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW1 C. Naresh Kumar, complainant, PW2 Jagdish Singh and PW3 HC Sukhdev Singh, eye witnesses, PW4 Vimal Kumar, PW5 SI Subhash Mehta, PW6 Rajnish, PW7 Prem Chand, PW8 Constable Sanjeev Kumar, PW9 Constable Sanjiv Kumar, PW10 SI Ram Singh, PW11 MHC Ashok Tuli, PW12 Dr. Surinder Singh and PW13 SI Janak Singh and, thereafter, the prosecution evidence was closed.

5. After closure of the evidence, the statement of the petitioner was recorded under Section 313 Cr.P.C. and he denied all the incriminating evidence put to him and stated that he has been falsely involved in the present case. No evidence was led in defence.

6. At the very outset, learned counsel for the petitioner submits that he does not wish to challenge the judgement of conviction passed against the petitioner the trial Court, however, some leniency may be shown while awarding the sentence on him. Even though, learned counsel for the petitioner has not