HARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried by the Court of Judicial Magistrate Ist Class, Ludhiana, under Sections 279/337/338/304-A/427 IPC on the allegation that on 27.10.1997, he while driving a bus belonging to the

(2.) On conclusion of trial, the learned trial Court held the petitioner-accused guilty under Section 279, 304-A IPC. For offence under Section 279 IPC, he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/- and in default of its payment, to undergo rigorous imprisonment for one month and for offence under Section 304-A IPC he was sentenced to undergo RI for two years and to pay fine of Rs.2000/- and in default of payment of fine to further undergo RI for further 1 1/2 month. Both the sentences were ordered to run concurrently. On appeal, the lower appellate Court upheld the judgment of the trial Court.

(3.) Undisputedly, the present petitioner is facing the agony of protracted trial/appeal for the last about 13 years and there is nothing to suggest of his repeating the offence. He has already undergone sentence of about two months. Thus, the ends of justice would be sufficiently met if the sentence upon the petitioner under Section 304-A IPC is reduced from two years to six months. It is ordered accordingly. As regards the sentence awarded under Sections 279 IPC and the fine so imposed, the same stand maintained.