KARTAR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) 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 under Section 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.

(2.) 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.