High Court Punjab-Haryana High Court

Mukhtiar Singh vs State Of Punjab on 18 August, 2009

Punjab-Haryana High Court
Mukhtiar Singh vs State Of Punjab on 18 August, 2009
Criminal Revision No. 1622 of 2009                       1


IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

                               Criminal Revision No. 1622 of 2009
                               Date of decision: August 18, 2009


Mukhtiar Singh                 -Petitioner

            Versus

State of Punjab                -Respondent
Coram       Hon'ble Mr. Justice Rajan Gupta

Present:    Mr. RS Modi, Advocate, for the petitioner.


Rajan Gupta, J.(Oral)


Petitioner Mukhtiar Singh had been convicted by Judicial

Magistrate Ist Class, Fatehgarh Sahib, under Sections 279/304-A IPC vide

judgment dated 31-1-2007. He was sentenced to undergo RI for six months

under Section 279 IPC and to undergo RI for one year and to pay a fine of

Rs. 500/- under Section 304-A IPC. , in default of payment of fine, to suffer

further simple imprisonment for one month. However, both the substantive

sentences were ordered to run concurrently.

The petitioner preferred an appeal against the judgment of his

conviction/sentence. The Sessions Judge, Fatehgarh Sahib vide judgment

dated 16th May, 2009 set aside sentence of the petitioner under Section

279 IPC but maintained his conviction. Sentence awarded under Section

304-A IPC was also maintained.

Feeling aggrieved against his conviction & sentence under

Section 304-A IPC, the petitioner has approached this Court through the

instant Criminal Revision.

Criminal Revision No. 1622 of 2009 2

Learned counsel for the petitioner states that he is limiting his

prayer only to the extent of reduction in the sentence awarded and does not

assail the judgment of conviction.

Learned State counsel, on the other hand submits that in case

conviction of the petitioner is maintained, the Court may reduce the

sentence as deemed appropriate in the circumstances of the case, subject to

payment of adequate compensation to legal heirs of the deceased.

I have heard learned counsel for both the sides.

Briefly, the prosecution case runs thus:

On 2-10-2002, Gurmeet Sigh deceased was going on his

scooter bearing registration No. PB-49-5517. Complainant Randhir Singh

along with one Dev Raj was going behind him on a separate scooter bearing

registration No. PB-49-3817. When Gurmeet Singh reached at the turning

point of village Lohar Majra, a Matadoor bearing registration No. HR-45-

1360 being driven at a high speed, in a rash and negligent manner by

Mukhtiar Singh, accused/ petitioner came from front side and struck the

scooter of Gurmeet Singh, as a result of which he died at the spot and his

scooter was smashed.

To substantiate its case against the accused/petitioner, the

prosecution examined as many as 9 witnesses. Thereafter the Assistant

Public Prosecutor for the State closed the evidence of the prosecution by

making statement which was recorded separately.

The statement of the accused under Section 313 Cr.P.C. was

recorded, wherein the incriminating evidence available on record was put to

him. He denied to have caused any accident and pleaded that this case was

planted upon him. He examined Ramfal in defence and closed his
Criminal Revision No. 1622 of 2009 3

evidence.

On the basis of the evidence on record, the learned trial court

held the petitioner guilty of the charge framed against him and sentenced

him as already indicated above. In appeal, sentence under Section 279 IPC

was set-aside, however, conviction was maintained. Conviction & sentence

under Section 304-A IPC was upheld.

On a perusal of the judgments of both the Courts below, I am of

the considered view that the trial Court has rightly appreciated the evidence

on record while holding the petitioner guilty of the charge framed against

him. So far as sentence awarded separately by the trial Court under Section

279 IPC is concerned, in my view, the appellate Court has rightly set aside

the same. The conviction of the petitioner under Sections 279 & 304-A

IPC is, thus, affirmed.

Even counsel for the petitioner during the course of arguments,

has not assailed the judgments of conviction. He has however, pleaded for

reduction in the quantum of sentence on the ground that the petitioner is

first offender, the sole bread winner in the family and has already faced the

agony of protracted trial for the several years.

Keeping in view the facts and circumstances of the case, the

sentence awarded to the petitioner under Section 304-A IPC by the Courts

below is reduced to the period already undergone. However, the amount of

fine imposed upon him is enhanced to Rs.25,000/-(twenty five thousand), to

be disbursed to the legal heirs of the deceased as compensation. The

petitioner is directed to deposit the said amount before the trial Court within

a period of two months from the date of receipt of a certified copy of this

order. However, in case fine aforesaid is not deposited within the stipulated
Criminal Revision No. 1622 of 2009 4

period, the modification in quantum of sentence shall stand withdrawn and

the petitioner shall undergo the remaining period of sentence, as awarded by

the trial Court under Section 304-A IPC.

Except with modification in the quantum of sentence, as

indicated herein above, the revision petition is dismissed.

[Rajan Gupta]
Judge
August 18, 2009.

‘ask’