Madan Lal vs Union Territory Administration, Chandigarh

K.S. Kumaran, J. (Oral)

Heard Counsel.

The petitioner herein faced a charge under Sections 304A and 279 of the Indian Penal Code before the Judicial Magistrate Ist Class, Chandigarh, and after trial was accordingly convicted and sentenced to undergo rigorous imprisonment for one year under Section 304A and for six months under Section 279 of the Indian Penal Code. Appeal filed by him before the Sessions Court in Criminal Appeal No. 34 of 1993 was dismissed after hearing. The petitioner has, therefore, approached, this Court with this revision, and at the time of issuing notice the counsel for the revisionpetitioner confined the revision with regard to the question of sentence only and accordingly notice was issued with regard to the sentence only. The conviction of the accusedpetitioner is confirmed, since there is no reason to interfere with the concurrent finding of both the trial and appellate Courts.

The learned counsel for the petitioner states that the occurrence took place on 24.5.1989, that the petitioner has been undergoing the agony of trial for the last eight years, and that he has also undergone imprisonment for one and half months. He, therefore, prays that this Court may hold that the period already undergone by the petitioner as sufficient. Though I do not agree with this contention that the petitioner shall be let off with the period already undergone, I am of the view that taking into consideration all these factors and also the fact that the deceased was a person of 40 years of age, the petitioner should be directed to pay compensation of Rs. 25,000/ also to the legal representatives of the deceased.

Accordingly this revision petition is allowed in part. While confirming the conviction of the accusedpetitioner, the sentence passed against the petitioneraccused is modified in that, on the petitioner depositing a sum of Rs. 25,000/ as compensation before the trial Court on or before 1.12.1997, he shall be released forthwith, since I consider that the agony undergone by him for the last eight years, and the period of imprisonment undergone, apart from the direction to pay the compensation amount will be sufficient punishment in the interest of justice.

On the deposit of sum of Rs. 25,000/ the Judicial Magistrate Ist Class, concerned will issue the notice to the legal representatives of the deceased and pay them the sum of Rs. 25,000/ as compensation on proper identification.

Revision is ordered accordingly.