Jaswinder Singh alias Chhottu vs State of Punjab

Rekha Mittal, J.—The present petition lays challenge to the judgment passed by the Courts below whereby the petitioner has been convicted and sentenced for offence punishable u/s 304-A of the Indian Penal Code (in short ''IPC'').

On March 10, 2014 notice of motion was issued limited to hear the parties on quantum of sentence.

Counsel for the petitioner contends that in view of the character and antecedents of the petitioner coupled with the period of pendency of criminal proceedings as well as period of actual custody for about 11 months, the substantive sentence awarded to the petitioner may be reduced to the period already undergone.

Custody certificate filed in the Court is taken on record.

Counsel for the State has not disputed factual assertions but opposed the prayer for reduction in sentence.

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

The criminal proceedings were initiated against the petitioner in November 2003 with the lodging of FIR No. 165 dated 16.11.2003 in Police Station Kahnuwan. The petitioner has suffered pangs of criminal proceedings for the last about 10 years. He has suffered actual custody for a period of more than 11 months and his custody including remission is 1 year and 12 days.

Keeping in view totality of the facts and circumstances discussed hereinabove, the substantive sentence awarded to the petitioner is reduced to rigorous imprisonment for a period of 1 year and 3 months.

The petition stands disposed of with modification in the aforesaid terms.