Sucha Singh vs State of Punjab

H.S. Bedi, J.

This petition has arisen out of the orders of the Sub Divisional Judicial Magistrate, Nabha and the learned Additional Sessions Judge, Patiala dated 20.7.1989 and 19.8.1991 respectively, whereby the petitioner Sucha Singh was convicted for an offence punishable under Section 304A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/ and in default of payment thereof to undergo further rigorous imprisonment for one month.

The facts of the case are that Harpal Singh alongwith his cousin Labh Singh and one Bhan Singh had gone to Nabha and while they were waiting for a bus on the NabhaPatiala Road, a tanker No. HRQ697 being driven by Sucha Singh, petitioner, came from the opposite side and ran over Labh Singh causing him multiple injuries. Sucha Singh stopped the tanker at the spot. The injured was removed to the hospital where he succumbed to his injuries. An FIR was registered against the petitioner. On the completion of the investigation, the petitioner was charged for an offence punishable under Section 304A of the IPC and as he pleaded not guilty, was brought to trial.

The Trial Court relying on the evidence of Harpal Singh (PW1), Jagar Singh (PW2) and Bhan Singh (PW3), the eyewitnesses to the incident, convicted and sentenced the accused for the offence as aforestated. The appeal filed by him before the learned Additional Sessions Judge too was dismissed.

Mr. R.K. Aggarwal, the learned counsel for the petitioner, has pointed out that the incident had happened in the month of February, 1987; the accused had been convicted and sentenced by the trial Court on 20.7.1989, the appeal filed against this order, was dismissed on 19.8.1991 and the present petition had been filed in the year 1991 and admitted on 27.8.1991 on which date, the petitioner had also been released on bail and has urged that due to passage of time, it would be undesirable to send the petitioner to serve a sentence of imprisonment. He has also pointed out that the petitioner would also compensate the legal heirs of the deceased by paying a sum of Rs. 20,000/ in that eventuality.

I have heard the learned counsel for the petitioner and have gone through the record.

It is true that in a case of rash and negligent driving, a lenient view can no longer be taken but at the same time, it cannot be ignored that the petitioner has been facing the proceedings in one Court or the other since 1987. He has also been bailed out at the time of admission of this petition on 27.8.1991. In this situation, while maintaining the conviction of the accusedpetitioner, it is appropriate that the sentence imposed upon him is reduced to the one already undergone by him but the amount of fine is increased from Rs. 1000/ to Rs. 20,000/. The fine, if deposited, shall be paid to the legal heirs of deceased Labh Singh. In default of payment of fine, the petitioner shall undergo rigorous imprisonment for six months. The petitioner shall also make an application before the Motor Accident Claims Tribunal concerned before which the proceedings for compensation had taken place and the Tribunal shall disburse the fine if deposited to the claimants.

The petitioner shall deposit the fine within one month from the date a certified copy of this order is made available to the learned counsel for the petitioner.

The petition stands disposed of accordingly.

JUDGMENT accordingly.