IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Revision No. 2762 of 2010 (

O&M)

Date of decision: 17.11.2010

Chaman Lal

......Petitioner

Vs.

The State of Punjab

...Respondent

CORAM:-

HON'BLE MRS.JUSTICE DAYA CHAUDHARY.

PRESENT: Mr. Vijay Rana, Advocate,

for the petitioner.

****

ORDER

The present revision petition has been filed by petitioner

Chaman Lal against judgment dated 26.8.2010 passed by Addl.

Sessions Judge, Kapurthala vide which the appeal filed by him

against judgment of conviction and order of sentence dated 6^th

February, 2007 passed by Judicial Magistrate Ist Class, Phagwara

has been dismissed and conviction and sentence upheld.

Notice in the revision as well as in the application for

suspension of sentence was issued on 6^th October, 2010.

Learned counsel for the petitioner at the very outset

submits that he does not want to contest the conviction of the

petitioner but prays for reduction in the sentence to the period already

undergone as he has suffered the agony of protracted trial since 27 th

January, 2005. Against the total sentence of one year, the petitioner

has undergone 2 months 22 days of actual sentence. He is poor

Crl. Revision No. 2762 of 2010 [2]

person and is the only bread winner of his family.

The case of the prosecution is that complainant

Khunman Lal and his brother Tilak Ram were going on their

bicycles towards village Kanshi Nagar. When his brother reached in

front of GNA Main Gate on the G.T.Road, a bus bearing registration

No. PB-08-AJ-7381 being driven by the petitioner rashly and

negligently, came there and hit the bicycle of his brother, as a result

of which he fell down and the front left tyre of the bus crushed his

head. He died at the spot. The driver of the bus fled away from the

spot. Dead body was removed to the Civil Hospital, Phagwara.

Police reached at the spot. Ruqa was sent to the Police Station and

on its basis the FIR was registered. The petitioner was charge-

sheeted under Section 279/304-A. The trial Court vide judgment of

conviction and order of sentence dated 6.2.2007 convicted the

petitioner under Section 304-A/279 IPC and sentenced him as

under:

Under Section 304-A IPC

To undergo RI for a period of one year

and to pay a fine of Rs.500/- ; in default

of payment of fine, to further undergo RI

for one month.

Under Section 279 IPC

To undergo RI for a period of three

months and to pay a fine of Rs.200/-.

Against the judgment of conviction and order of sentence

dated 6.2.2007 passed by Judicial Magistrate Ist Class, Phagwara,

the petitioner filed an appeal before the Addl. Sessions Judge,

Kapurthala which was dismissed and conviction and sentence

upheld. The present revision petition has been filed against the

judgment passed by Addl. Sessions Judge dated 26.8.2010.

Crl. Revision No. 2762 of 2010 [3]

Learned counsel for the petitioner submits that the

petitioner was not the driver of the offending vehicle at the relevant

time and, therefore he has no concern with the alleged commission

of offence. Learned counsel further submits that there is an

unexplained delay of 24 hours in lodging of the FIR as the

occurrence took place on 27.1.2005 at 2.00 p.m. whereas the FIR

was registered on 28.1.2005 at about 1.15 p.m. after delay of 24

hours. Learned counsel for the petitioner also submits that the

petitioner is ready to give some reasonable amount of compensation

to the family of the deceased, if sentence is reduced to the period

already undergone by him as he has suffered a lot.

Mr.Vishal Munjal, learned Addl. A.G. Punjab has also no

objection in reduction of the sentence in case petitioner is ready to

give some reasonable amount of compensation to the family of the

deceased.

I have heard the arguments of learne