SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed against the judgment dated 29.08.2013 passed by the Additional Sessions Judge (Fast Track Court), Patiala whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 304-A, 337, 338, 471 of the Indian Penal Code (in short 'IPC'), extracted hereinbelow:- <FRM>JUDGEMENT_982_LAWS(P&H)5_2014_1.html</FRM>

(2.) So far as the sentence awarded by the learned trial Court, the appellant has been sentenced to rigorous imprisonment for a period of 2 years along with fine of Rs.3000/- with default stipulation for offence punishable under Section 304-A IPC whereas the sentence for the other offences is less than 2 years and substantive sentences are ordered to run concurrently.

(3.) Counsel for the appellant submits that the appellant would deposit fine imposed by the trial Court shortly. He has already undergone actual custody for a period of 1 year and more than 4 months. It is submitted that keeping in view the facts and circumstances of the case, the substantive sentence awarded to the appellant for offence under Section 304-A IPC may be reduced to the period already undergone. Counsel for the State, in view of the custody certificate filed on record, would submit that as on date, the appellant must have suffered custody, as contended by counsel for the appellant. However, he has opposed the prayer for reduction in sentence. I have heard counsel for the parties and perused the records.