CRIMINAL REVISION NO.2629 OF 2011 :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

DATE OF DECISION: DECEMBER 08, 2011

Rishi Lal

.....Petitioner

VERSUS

State of Punjab

....Respondent

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

PRESENT:

Mr. T. S. Sangha, Sr.Advocate with

Mr. H. S. Sangha, Advocate,

for the petitioner.

Mr. Gaurav Garg Dhuriwala, DAG, Punjab,

for the State.

****

RANJIT SINGH, J.

The petitioner was prosecuted for offences under

Sections 304A and 427 IPC. He was convicted and

sentenced to undergo RI for a period of one and a half years

under Section 304A IPC coupled with fine of `2,000/-. In

default of payment of fine, he was further directed to

undergo RI for one month.

The petitioner was driving Haryana Roadways bus,

CRIMINAL REVISION NO.2629 OF 2011 :{ 2 }:

which hit the scooter. The petitioner claims that he is an

excellent driver and has been driving the bus for

continuously number of years. He has also been given

certificate in this regard. Counsel accordingly pleads that

case for release of the petitioner on probation is made out.

Contrary to this, the State counsel has placed

before me a judgement in the case of Dalbir Singh Vs.

State of Haryana, (2000) 5 Supreme Court cases 82, where

the Hon'ble Supreme Court has not approved the action of

the Courts in releasing the persons convicted for offence

under Section 304A on probation by giving benefit of the

Probation of Offenders Act.

Without going into this aspect any further, I think

case for showing some leniency is made out. As per the

custody certificate placed on record today in Court, the

petitioner has already undergone sentence of about 2

months.

Taking the totality of the circumstances in view,

the sentence as imposed under Section 304A IPC is reduced

from one and half years to one year RI. However, the fine

as awarded under Section 304A IPC shall remain same.

With the above modification in the sentence, the

revision petition is dismissed.

December 08, 2011

( RANJIT SINGH )

khurmi

JUDGE