Satnam Singh vs State of Punjab

Alok Singh, J.—Petitioner was found guilty and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/-for the commission of offence u/s 304-A IPC and in default of payment of fine to further undergo simple imprisonment for two months by Judicial Magistrate Ist Class, Gurdaspur, vide judgment dated 3.3.2010.

The appeal filed by the accused/revisionist was dismissed and judgment passed by the learned trial Court was upheld by learned Appellate Court/Additional Sessions Judge (Adhoc) Fast Track Court, Gurdaspur, vide judgment dated 8.3.2011.

Learned Counsel for the Petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the accused u/s 304-A IPC. Learned Counsel has argued that this Court may enhance the compensation/fine and may consider to reduce the sentence for the period already undergone. Learned Counsel for the accused/Petitioners agrees to pay Rs. 15,000/- as compensation over and above the compensation under the Motor Vehicles Act.

Mr. Jaspreet Singh, AAG, Punjab, states that Petitioner/revisionist is the first time offender and no other criminal case is pending against him. He further submits that the Petitioner/accused has already undergone about one month 28 days.

I have heard learned Counsel for the parties and have perused the record.

In the opinion of this Court, no useful purpose would be served by keeping the accused/Petitioner in the company of hardcore criminals; accused is facing trial for last more than five years; he has already faced mental agony; reducing the sentence for the period already undergone and enhancing the fine/compensation to be paid to the L Rs of the deceased seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, fine/compensation imposed upon the Petitioner is enhanced to Rs. 15,000/- over and above the fine already imposed by the Trial Court and over and above any compensation paid under Motor Vehicles Act to be paid to the L Rs of the deceased by the learned Trial Court u/s 357 Code of Criminal Procedure The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed.

With above mentioned modification in the matter of sentence, this revision petition stands disposed of.