JUDGMENT Shekher Dhawan, J. - Present revision petition is directed against the judgment dated 11.01.2018 passed by learned Additional Sessions Judge, Amritsar and judgment of conviction and order of sentence dated 23.03.2017 passed by learned Judicial Magistrate Ist Class, Amritsar whereby the petitioner was convicted under Section 304-A of Indian Penal Code and was sentenced to undergo Imprisonment for 2 years. 2. Facts relevant for the purpose of decision of the present revision petition; that on 06.12.2012, complainant Ravi Kumar reported the matter to the police that on 6.12.2012 at about 5.30 PM, he along with his father Raj Kumar was going on his motorcycle bearing No.PB-02Z-3432 and they were coming from Bhoru to their home. When they reached near Bus Stand of Fatehpur, one Santro car (Colour wife) bearing registration No.PB-46K-5814 was suddenly stopped on the road side without giving indicator and negligently opened the right door of his car. On this, the complainant applied brakes to his motorcycle and because of that, his father fell down on the road and during that period, one truck bearing registration No. PB-02Y-9935, which was coming from Bhoru at a high speed and the driver of the said truck negligently crushed his father under the truck. As a result of that, his father sustained injuries and died on the spot. Later on, he came to know the name of the driver of the car to be Gurmeet Singh son of Barkha Singh (present revisionist) and name of the truck driver to be Harjit Singh son of Mohinder Singh. 3. After completion of investigation proceedings, challan was presented in the Court for trial. 4. During trial, learned Court below completed various proceedings of trial including framing of charge against the accused, recording of statement of prosecution witnesses and examination of accused under Section 313 Cr.P.C., 1973 and after considering the prosecution version and the defence evidence on record, held the both the accused namely, Gurmeet Singh (present petitioner) and Harjit Singh guilty and convicted and sentenced them as under :- Name of the accused Under Section Sentence Harjit Singh Son of Mahinder Singh 304-A IPC Imprisonment for Two years Gurmit Singh alias Balwinder Singh son of Barkha Singh 304-A IPC Imprisonment for Two years 5. However, they were acquitted for commission of offence punishable under Section 279 IPC. 6. However, they were acquitted for commission of offence punishable under Section 279 IPC. 6. Two separate appeals were filed i.e., one by present petitioner Gurmeet Singh alias Balwinder Singh and the other by Harjit Singh. Learned Additional Sessions Judge, Amritsar accepted the appeal of Harjit Singh, but dismissed the appeal filed by Gurmeet Singh, present petitioner and maintained his conviction under Section 304-A IPC. 7. Learned counsel for the revisionist, at the time of arguments, contended that there was nothing on the record to establish that death of Raj Kumar had taken place because of the rash and negligent act of the present petitioner as he was driver of the stationary car, which was parked on the road side and he had died as the truck No.PB-02-Y-9935 had crushed said Raj Kumar and Harjit Singh was the driver of the said truck. Present petitioner, Gurmeet Singh was not apprehended on the spot even and his name was later on disclosed by the complainant. 8. After arguing for some time, learned counsel for the petitioner contended that he does not challenge the judgment of conviction and a lenient view on the point of sentence be taken as the petitioner has already undergone actual sentence of 11 months and 9 days (including remissions) against the awarded sentence of 2 years and there is no other case against the petitioner. 9. Learned State counsel contended that the petitioner does not deserve any concession and the present revision petition be dismissed. 10. Having considered the submissions made by learned counsel for the parties and appraisal of record, there is no dispute on the fact that death of Raj Kumar had taken place on the spot because Raj Kumar (since deceased), who was on pillion rider on the motor-cycle, was hit by the right side door of Car and the driver of the car was present petitioner and both the Courts below have already appreciated the evidence. As such, the present revision petition stands dismissed qua judgment of conviction passed by the Court below. 11. As regard to order of sentence, this Court has certainly considered that a lenient view is to be taken in this case because primarily, both the accused have been acquitted of the charge under Section 279 IPC and the petitioner has been convicted and sentenced for commission of offence under Section 304-A IPC only. 11. As regard to order of sentence, this Court has certainly considered that a lenient view is to be taken in this case because primarily, both the accused have been acquitted of the charge under Section 279 IPC and the petitioner has been convicted and sentenced for commission of offence under Section 304-A IPC only. The petitioner has already undergone actual sentence of 11 months and 9 days against the awarded sentence of 2 years, as per the custody certificate dated 6.12.2018, and there being no other case, taking a lenient view on the point of sentence, the order of sentence is modified that the sentence of petitioner, Gurmeet Singh in this case shall be reduced to the period he has already spent while remaining in custody during the period of trial and appeal proceedings. The petitioner be released from custody in this case, if not required in any other case. 12. Resultantly, the present revision petition stands disposed of in the above terms.