Appellate courts may exercise discretion to reduce substantive sentences in criminal cases involving negligence, provided the conviction is supported by evidence, by balancing the gravity of the offence against mitigating factors such as the prolonged duration of litigation and the offender's conduct.

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The petitioner has filed the present revision petition against the impugned judgement dated 16.01.2009 passed by the Court of Additional Sessions Judge (Adhoc) Fast Track Court, Ludhiana and the judgement of conviction and order of sentence dated 06.09.2007 passed by the Court of Chief Judicial Magistrate, Ludhiana, whereby, the petitioner was held guilty for the commission of offences punishable under Sections 279 and 304-A of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs. 500/- 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 30 days. He was also sentenced to undergo rigorous imprisonment for a period of 06 months under Section 279 of IPC.

2. The brief facts of the case of the prosecution are that the present case was registered on the statement made by complainant Bhagat Singh son of Nahar Singh to ASI Ajit-Singh to the effect that on 28.11.96 at about 6.30 p.m. He accompanied by his cousin Pritam Singh was going from the side of Samrala Chowk towards his village Mundian Khurd on a scooter. His son Tejinder Singh and his grandson Amanpreet Singh were also going on their scooter bearing registration No.PB-10-W-2359, and when they reached near the petrol pump situated near P.P. Virdhman, a tempo bearing registration No.PB-10-H-9557 came from the opposite side on a very fast speed. The said Tempo was being driven in a rash and negligent manner. The tempo driver did not blow any horn and brought the tempo on the wrong side of the road. He had hit the said tempo into the scooter of his son Tejinder Singh. His son Tejinder Singh and grandson Amanpreet Singh received multiple injuries in the accident, the scooter was also badly damaged. The driver of the tempo ran away after leaving the tempo at the spot. Later on, he came to know that the name of the driver of the tempo was Rajinder Singh son of Sukhdev Singh, resident of village Abupura. He got his son and grandson shifted to the Cancer Hospital, Ludhiana. The accident had occurred due to the rash and negligent driving of the driver of the Tempo. On the basis of said statement, FIR No.215 dated 29.11.1996 under Sections 279/337/338/427/304-A IPC was registered at P.S.Focal Point, Ludhiana. During the course of investigation, the Investigating Officer prepared the inquest report of the dead body of Tejinder Singh and postmortem on the dead body was also conducted. He had visited the place of occurrence and prepared a rough site plan of the same. The photographs of the accidental site were taken, the vehicles were taken into possession vide separate memos. The accused was arrested and he was released on bail. The vehicles were got mechanically tested. Statements of the witnesses were recorded and after the completion of investigation, challan against the accused was presented before the Illaqa Magistrate.

3. After the presentation of challan, the petitioner was charge-sheeted for the offences punishable under Sections 279, 337 and and 304-A IPC, to which, he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW1 Dr. S.K. Sharma, PW2 Bhagat Singh, PW3 Amanpreet Singh, PW4 Chhange Lal, Mechanic, PW5 Parminder Singh, Photographer, PW6 ASI Ajit Singh and thereafter the evidence of the prosecution 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