Kartar Chand vs State Of Punjab and Others

Sabina, J.—Petitioner had faced the trial qua commission of offence punishable tinder Sections 279, 337, 304A of the Indian Penal Code

(''IPC for short) in FIR No. 14 dated 22.1.2006, under Sections 279, 337, 304A, IPC, registered at Police Station, Kharar. The Trial Court vide

judgment/order dated 11.1.2010 ordered the conviction and sentence of the petitioner under Sections 279, 337, 304A, IPC. Aggrieved against

the said judgment/order of his conviction and sentence, petitioner preferred an appeal. The Appellate Court vide judgment dated 13.9.2012

ordered the acquittal of the petitioner u/s 337, IPC. However, the conviction and sentence of the petitioner under Sections 279, 304A, IPC was

upheld. Hence, the present petition by the petitioner. Learned Counsel for the petitioner has submitted that the petitioner is the only bread earner of

the family and is facing criminal proceedings for the last about seven years. Petitioner is not a previous convict. Learned Counsel for the petitioner

has not challenged the conviction of the petitioner under Sections 279, 304A, IPC but has submitted that sentence qua imprisonment of the

petitioner be reduced to already undergone by him. In a claim petition, filed by the heirs of the deceased, the Motor Accident Claims Tribunal has

allowed compensation to them. Learned Counsel has further submitted that the petitioner shall pay an additional amount of compensation to the

heirs of the deceased to the tune of Rs. 40,000.

The submissions made by the learned Counsel for the petitioner have not been opposed by the Counsel for respondent Nos. 2 and 3.

Accordingly, the conviction of the petitioner under Sections 279, 304A, IPC is maintained. However, sentence qua imprisonment of the petitioner

is reduced to already undergone by him. By now the petitioner has undergone about five months of actual sentence. Petitioner is directed to pay an

additional fine to the tune of Rs. 40,000 before the Trial Court and the said amount be disbursed to respondent No. 3 Pritam Singh, husband of

the deceased forthwith as compensation. Petitioner is directed to deposit the additional amount of fine to the tune of Rs. 40,000 before the Trial

Court within one month from today and in case the petitioner fails to do so, this petition be deemed to have been dismissed. Petitioner, who is in

custody, be set at liberty forthwith, if not required in any other case.

Petition stands disposed of accordingly.