Crl.R. No.858 of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: Crl.R. No.858 of 2002
DATE OF DECISION: March 30, 2009
JASPAL SINGH ...PETITIONER
VERSUS
STATE OF U.T. CHANDIGARH ...RESPONDENT
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.
PRESENT: MS. J.J. KAUR, ADVOCATE FOR THE PETITIONER.
MR. RAJIV SHARMA, CENTRAL GOVT. COUNSEL
FOR THE RESPONDENT.
ASHUTOSH MOHUNTA, J.(ORAL)
The petitioner has filed this revision petition against the
judgement of conviction and order of sentence dated 8.7.1998, passed by
the Judicial Magistrate Ist Class, Chandigarh whereby he was convicted
under Section 279 and 304-A IPC. The sentence awarded to the petitioner
was as under:-
“i) To undergo rigorous imprisonment for a period of six
months under section 279 IPC.
ii) To undergo rigorous imprisonment for a period of one
year and to pay fine of Rs.500/- and in default of
payment of fine to further undergo rigorous
imprisonment for a period of one month under section
304-A IPC.”
The petitioner preferred an appeal which has been dismissed by
the Addl. Sessions Judge, Chandigarh vide judgement dated 24.4.2002 and
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the conviction and sentence has been upheld.
Counsel for the petitioner submits that he does not wish to
challenge the findings of both the Courts as far as the conviction of the
petitioner is concerned, but while sentencing the petitioner the Court may
take a lenient view. Learned counsel submits that the accident took place
on 15.10.1993, on the roundabout of Sectors 24-25-37-38, Chandigarh in
which the deceased Naina Devi who was an old lady died. Learned counsel
submits that as the accident took lace on the roundabout, hence the vehicle
could not have been at a high speed. It has been further contended that
infact it was the deceased who suddenly came in front of the vehicle of the
petitioner while trying to cross the road. It has lastly been contended that as
the incident has taken place more than 15 years ago, therefore, leniency be
shown to the petitioner while sentencing him.
The prayer of the counsel for the petitioner has been
vehemently opposed by Sh. Rajive Sharma, counsel for the respondent. He
submits that as the petitioner was driving in a rash and negligent manner
and has caused death of an old lady, therefore, the sentence does not call for
any reduction.
I have heard the counsel for the parties at length. A perusal of
the judgements of both the Courts below shows that the accident took place
on 15.10.1993, in which Naina Devi who was an old lady died. As the
accident took place near the roundabout, therefore, the vehicle could not
have been driven at a high speed at the time of accident. Keeping in view
the facts, specially the fact that the petitioner has faced a long and
protracted trial of more than 15½ years, therefore, while upholding the
conviction of the petitioner as has been ordered by both the Courts below, I
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reduce the sentence of the petitioner to the one already undergone by him.
The petitioner shall, however, pay a compensation of Rs.50,000/- which
shall be paid to the L.R.s of the deceased Naina Devi W/o Chajju Ram. The
compensation shall be deposited in the Court of Chief Judicial Magistrate,
Chandigarh within a period of 3 months from today. The Chief Judicial
Magistrate, Chandigarh shall inform the L.R.s of the deceased Naina Devi
of their right to receive the compensation. In case the compensation is not
deposited within the period granted by this Court, then the petitioner shall
be taken in custody and shall serve out the remaining portion of his sentence
as awarded by the Addl. Sessions Judge, Chandigarh .
Revision petition disposed of.
March 30, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE