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Judgment
Kanwaljit Singh Ahluwalia, J.—Petitioner was a gateman manning gate No. 116-C of Ambala-Saharanpur Section. It is alleged that the petitioner due to his rash and negligent act did not close railway crossing gate, due to which Jarnail Singh driver of the truck and cleaner Thakur Singh tried to pass the railway crossing and as a result accident took place and Jarnail Singh, truck driver and Thakur Singh, cleaner received grievous injuries.
Petitioner was awarded six months rigorous imprisonment by the Court of Special Railway Magistrate, Ambala Cantt u/s 101 of Indian Railway Act and a fine of Rs. 500/-.
Mr. Bhanu Partap states that petitioner was taken into custody on 9th February, 1993 and was ordered to be released on bail on 16th Criminal Revision No. 112 of 1993 2 March, 1993. He further states that the petitioner has undergone more than one month and seven days in custody.
Mr. Bhanu Partap very fairly stated that in the revision, he will not be able to dislodge the findings of fact recorded by both courts below. He stated that since occurrence took place in 1985, petitioner has suffered a protracted trial of 23 years.
Taking into consideration that occurrence took place 23 years ago, petitioner has undergone one month & seven days and that he was only sentenced to six months rigorous imprisonment, I reduce the sentence to already undergone. However, sentence of fine is enhanced to Rs. 10,000/-.