ONKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been directed against the judgments passed by the Courts below whereby the petitioner has been convicted and sentenced for commission of offence punishable under Sections 279, 337, 304A of the Indian Penal Code (in short 'IPC') for causing Motor Vehicular Accident due to his rash and negligent driving resulting in death of one person and injuries to certain others i.e. occupants of Tata 609 bearing registration No. DLILB -2591 driven by the petitioner on the fateful day of 01.06.1995 in the area of Police Station Matlauda, Haryana.

(2.) COUNSEL for the petitioner has fairly conceded that there is no substantial ground to assail concurrent findings of fact recorded by the Courts below in regard to conviction of the petitioner for the aforesaid offences keeping in view limitations on the scope of intervention in exercise of revisional jurisdiction. However, it is submitted that the occurrence in question took place 20 years ago and there is no other criminal case registered against the petitioner. The petitioner suffered actual custody for a period of 5 1/2 months out of substantive sentence awarded by the trial Court for aforesaid offences when otherwise the sentences were ordered to run concurrently. The petitioner has also deposited an amount of Rs. 25,000/ - payable to the legal heirs of the deceased towards compensation, in compliance with order dated August 31, 2006 passed by the Court when the substantive sentence of the petitioner was suspended. It is prayed that keeping in view the facts and circumstances of the case, the substantive sentence awarded to the petitioner may be reduced to the period already undergone.

(3.) I have heard counsel for the parties and perused the records.