Subhash Chand vs State of Haryana

Ashutosh Mohunta, J.—The petitioner is aggrieved by the judgments of both the Courts below vide which he has been convicted under Sections 279, 337 and 304-A IPC and has been sentenced to undergo rigorous imprisonment for three months under Sections 279 and 337 IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- u/s 304-A IPC.

At the outset, counsel for the petitioner states that he does not wish to challenge the findings of conviction recorded by both the Courts below. However, the petitioner has already undergone more than three months of actual imprisonment, therefore, a lenient view be taken while sentencing the petitioner.

The argument of the counsel for the petitioner has been opposed by the counsel for the State who submits that there is no ground to take a lenient view in the case of the petitioner as because of his rash and negligent driving Hoshiyar Singh lost his life. Learned Counsel further submits that both the Courts have concurrently held the petitioner guilty of the aforementioned offences.

After hearing the counsel for the parties, I am of the considered opinion that as the occurrence took place on 21.4.1996 i.e. more than 13 years ago, therefore, the petitioner has faced a long and protracted trial. Apart from the above, the petitioner has already undergone more than 3 months of the substantive sentence and, therefore, ends of justice would be met if the sentence of the petitioner is reduced to the one already undergone by him.

In view of the above, while holding the petitioner guilty for the offences under Sections 279, 337 and 304-A IPC, I reduce the sentence of the petitioner to the one already undergone by him. However, the petitioner shall pay a compensation of Rs. 40,000/- to the legal heirs of Hoshiyar Singh, deceased. The amount of Rs. 40,000/- shall be deposited by the petitioner in the Court of the Chief Judicial Magistrate, Hansi, within a period of four months i.e. on or before 31.8.2009 which shall be paid to the legal heirs of the deceased by the trial Court. In case the amount of Rs. 40,000/-, which has been awarded as compensation to be paid to the legal heirs of the deceased, is not paid by the petitioner than he shall be taken into custody forthwith and shall serve out the remaining portion of his sentence.

Revision disposed of.