Shamsher Alias Bhuru vs State of Haryana

Rekha Mittal, J.—Shamsher alias Bhuru, convict for commission of offence punishable under Sections 279 and 304-A of Indian Penal Code

(in short, ''IPC''), has filed the instant petition to assail his conviction and sentence by the trial Court affirmed in appeal. Notice of motion was

issued to hear the parties on the quantum of sentence.

Counsel for the petitioner would contend that the petitioner is in custody since 18.09.2013 and sentence awarded to him may be reduced to the

period already undergone, keeping in view his character and antecedents. However, he expressed inability to pay any compensation to the legal

heirs of the deceased.

Counsel for the State has opposed the prayer of the petitioner.

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

The criminal proceedings were initiated against the petitioner with the lodging of first information report in April 2010. The petitioner suffered

harassment and trauma of criminal proceedings for the last more than three years. There is no challenge to the contention of the petitioner that no

other criminal case is registered much less pending against him.

Keeping in view the entire facts and circumstances discussed hereinabove, the substantive sentence awarded to the petitioner for offence u/s

304-A IPC is reduced to rigorous imprisonment for a period of ten months. The petition is disposed of with modification in the aforesaid terms.