Judgment:
S.S. Grewal, J.
1. This revision petition is directed against the orders of conviction and sentence of the petitioner by the courts below under Sections 304A/279 of the Indian Penal Code. Under Section 304A of the Indian Penal Code, the trial court had sentenced the petitioner to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for three months whereas under Section 279 of the Indian Penal Code, he was sentenced to undergo rigorous imprisonment for one month. Both the sentences of imprisonment were ordered to run concurrently. The appellate court reduced the sentence under Section 304A of the Indian Penal Code to one year R.I. and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was further ordered to undergo R.I. for three months. The entire amount of fine of Rs. 1,000/- was directed to be paid to the heirs of the deceased.
2. In brief, the facts relevant for the disposal of this case are that the accident took place on 19th of July, 1987 at about 1.00 p.m. when Punjab Roadways bus No. PBM 6731 driven by the petitioner from Khamano side struck the deceased who was going on a cycle, from behind. The bus driver did not blow any horn and after the accident, Piara Singh deceased and his cycle were dragged by the bus upto a distance of 40/45 yards and as a result of said injuries, Piara Singh died at the spot.
3. Counsel for the parties were heard.
4. The accident took place on the highway in the area of village Hadon. The petitioner who is a bus driver has already undergone agony of trial for the last about 2 1/2 years. Taking into consideration all the facts and circumstances of the present case as well as the fact that the petitioner has undergone agony of trial for a sufficiently long period, the sentence of imprisonment imposed by the trial court both under Sections 304A and 279 of the Indian Penal Code is reduced to that already undergone, whereas the sentence of fine imposed by the courts below is enhanced to Rs. 5,000/-. In default of payment of fine, he shall further undergo R.I. for six months. The fine be deposited in the trial court. The fine, if so deposited, shall be paid by the Judicial Magistrate concerned to the nearest legal heirs of deceased including Krishan Lal, PW, after sending due notices to them.
5. Except with this modification, I do not find any merit in this revision petition. The same is hereby dismissed. Copy of this order be given dasti, and one such order be sent to the trial court for compliance.