Inderjit Singh vs State of Punjab

Rekha Mittal, J.—The present petition has been directed against the judgments passed by the courts below whereby the petitioner has been convicted and sentenced for offence punishable under Sections 304A, 279, 427 of the Indian Penal Code (for short "IPC"). The findings recorded by the Courts below in regard to conviction of the petitioner for the aforesaid offences stand affirmed on 19.11.2013 as notice of motion was issued limited to hear the parties on quantum of sentence.

Custody certificate filed by counsel representing the State of Punjab in Court, is taken on record.

Counsel for the petitioner submits that the petitioner is only bread winner of the family and he faced criminal proceedings for a period about 10 years, the substantive sentence awarded for the aforesaid offences may be reduced to the period already undergone as he has suffered actual custody for a period of about six months.

Counsel for the State has not disputed factual assertion but opposed the prayer for reduction in sentence with the submission that rash and negligent driving on the part of the petitioner resulted in death of one person.

I have heard counsel for the parties and perused the record.

The criminal proceedings were initiated against the petitioner with the lodging of FIR on 9.6.2004. Perusal of the custody certificate reveals that no other criminal case has been registered much less pending against the petitioner. He faced the pangs of criminal proceedings for the last about 10 years. There is nothing on record to suggest that delay in conclusion of criminal proceedings is attributable to the petitioner.

Keeping in view totality of the facts and circumstances discussed hereinbefore, the substantive sentence awarded to the petitioner for offence punishable u/s 304A IPC is reduced to the period of one year. Sentence of fine u/s 304A IPC and sentence for other offence(s) shall remain intact. The petition stands disposed of with modification in the aforesaid terms.