- (1.) Leave granted.
(2.) These appeals are filed against the common final judgment and order dated 04.11.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision Petition Nos. 653 and 655 of 2000 for nature of offence and quantum of sentence whereby the High Court partly allowed the revision petition and reduced the quantum of sentence awarded by the Judicial Magistrate, Ist Class, Amritsar as upheld by the Additional Sessions Judge, 1Amritsar under Sections 304A, 337 and 279 of Indian Penal Code, 1860 (in short 'IPC').
(3.) Brief facts: (a) On 30.10.1992, one Dhian Singh-the Complainant (PW-3), after attending the last rites of one of his relatives at Village Mustabad, Amritsar was returning to Batala along with his family members in a Jhang Transport Bus bearing No. PB- 02-D-9485. The bus was being driven at a very high speed by the driver-Respondent No. 1 herein. When the aforesaid bus reached the bus stand at Mudhal, at that time, a truck bearing No. PB-02-C-9665 which was being driven by Respondent No. 2 herein was coming from the opposite side at a very high speed. Both the drivers were driving their vehicle at a very high speed and in rash and negligent manner, as a result of which, both the vehicles collided with each other and two passengers, namely, Darshan Singh s/o Bela Singh and Banso w/o Ajit Singh died at the spot. The other passengers, namely, Sonia, Dalbir Singh and Ramandeep were taken to the Civil Hospital but later on they succumbed to their injuries. (b) On the basis of the complaint of Dhian Singh, FIR No. 125/92 was registered under Sections 304A, 279 and 337 of IPC and after formal investigation the case was forwarded to the Court of Judicial Magistrate, Ist Class, Amritsar. The Judicial Magistrate, by order dated 14.12.1998, convicted both the accused persons and directed them to undergo rigorous imprisonment for 2 years each for the offence under Section 304A and to pay fine of Rs. 200/- each, in default, to further undergo rigorous imprisonment for two months and to also undergo rigorous imprisonment for a period of six months each for the offence punishable under Sections 337 and 279 IPC. (c) Aggrieved by the judgment and order dated 14.12.1998, the accused persons preferred an appeal before the Additional Sessions Judge, Amritsar. Vide judgment dated 20.05.2000, the Additional Sessions Judge upheld the judgment and order passed by the Judicial Magistrate, Ist Class, Amritsar. (d) Questioning the same, the respondents herein filed Criminal Revision Petition being Nos. 653 and 655 of 2000 qua nature of offence and quantum of sentence before the High Court. The High Court, by order dated 04.11.2009, while confining to the question of quantum of sentence only, reduced the sentence of the accused persons to the period already undergone (15 days) and in addition thereto, enhanced the fine to an amount of Rs. 25,000/- each. (e) Against the order of the High Court, the State of Punjab has filed these appeals before this Court by way of special leave petitions.;