Dilbag Singh vs State of Haryana

Alok Singh, J.—Petitioner was found guilty under Sections 279/304-A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of six months u/s 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year u/s 304-A IPC.

At the outset, learned Counsel for the Petitioner does not challenge the conviction of the Petitioner and submitted that the Petitioner CRR No. 2404 of 2010 2 has already remained in custody for about five months during the pendency of this case and he has suffered a lot of embarrassment owing to the pendency of this criminal case.

I have heard learned Counsel for the parties and gone through the record. The present case was registered against the Petitioner for offence under Sections 279/304-A of the Indian Penal Code. The sword of Damocles is not to hangover the head of the Petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. The Petitioner has already undergone sentence for about five months in this case.

Considering totality of the facts and circumstances of this case while maintaining the conviction of the Petitioner, the Petitioner is sentenced to undergo sentence for the period already undergone by him in this case. However, accused/Petitioner shall pay compensation/fine of Rs. 20,000/-to be paid to the legal representatives of the victim, within 30 days from today, failing which present petition shall be deemed having been dismissed.

With above mentioned modification in the matter of sentence, this revision petition is dismissed.