Irshad vs State of Haryana

Paramjeet Singh, J.—This revision petition has been preferred by the petitioner -Irshad against judgment dated 19.07.2012 passed by learned Additional Sessions Judge, Nuh, thereby dismissing the appeal preferred by the petitioner against the judgment and order dated 20/22.12.2010 passed by the learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, Mobile Court, Punhana, vide which the petitioner has been convicted for offence punishable u/s 279/304A IPC and sentenced to undergo rigorous imprisonment for a period of three months for the commission of offence punishable u/s 279 IPC. The petitioner was further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/- for the commission of offence punishable u/s 304A IPC and in default of payment of fine to undergo simple imprisonment for a period of one month. Both the sentences were ordered to run concurrently. I need not dilate upon the facts of this case in detail as the same have already been recapitulated in the judgment of the learned Courts below and in view of the ultimate prayer of the petitioner seeking reduction in sentence.

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

Learned counsel for the petitioner states that he is not pressing this revision on merit and is not challenging the conviction on merit. He is only aggrieved against the sentence part. However, he prays that the sentence of the petitioner be suitably reduced as this criminal trial is hanging on his head like Damocles'' sword for the last more than 4 1/2 years and it should be a sufficient mitigating circumstance to treat him leniently. Counsel for the petitioner has further submitted that the occurrence pertains to the year 2008 and since then a period of more than 4 1/2 years has elapsed. The petitioner is a first offender and has suffered the ordeal for long period. Learned counsel for the petitioner further states that petitioner has already undergone a period of one month and twenty eight days'' sentence.

Learned counsel for the State does not dispute these facts.

In the opinion of this Court, no useful purpose would be served by keeping the accused/petitioner in the company of hardcore criminals; he has already faced mental agony; reducing the sentence for the period already undergone and enhancing the fine/compensation to be paid to the LRs/parents of the deceased seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, fine/compensation imposed upon the petitioner is enhanced to Rs. 1,25,000/- over and above the fine already imposed by the Trial Court and over and above any compensation paid under Motor Vehicles Act, be paid to the LRs/parents of the deceased u/s 357 Cr.P.C. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount of compensation is not deposited, as directed above, this revision petition shall be deemed to be dismissed. With the observations made above, present revision petition is disposed of with a direction that the petitioner be released immediately, if not required in any other case.