GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by the petitioner after losing his case before two Courts below. The petitioner was convicted and sentenced by the trial Court for a period of one year and to pay a fine of Rs. 1,000/ - under Section 279 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/ - under Section 304 -A IPC. The judgment of conviction and sentence passed by the trial Court was upheld by the Appellate Court and hence the present revision petition has been filed.

(2.) LEARNED counsel for the petitioner has argued by raising various grounds on merits but she submits that the petitioner has faced the agony of trial since the registration of FIR i.e. 19.08.2007 and moreover, there was compromise with the complainant as the compensation in monetary terms was paid to the complainant and he made a statement before the trial Court that he has no objection in quashing of criminal proceedings but in spite of that, the same fact was not considered by the trial Court as well as by the First Appellate Court. Learned counsel also submits that the petitioner is first offender and no other case is pending against him and he has suffered a lot because of pendency of this case, the petitioner would be satisfied, in case, the sentence awarded by the trial Court is reduced to the period already undergone as he has undergone actual custody of one month and twenty days.

(3.) IN view of the submission made by learned counsel for the petitioner and since the learned counsel for the petitioner has not contested the conviction but prays for reduction of sentence to the period already undergone on the ground that there is no other case pending against the petitioner and he is not having any criminal background, the petitioner has suffered a lot since the registration of FIR i.e. 19.08.2007 and he has already compensated the complainant who is dependent of the deceased, the request of the petitioner is accepted and conviction is upheld but sentence is reduced to the period already undergone. The petitioner is directed to be released forthwith if he is not required in any other case. Disposed of accordingly.