KHURSHID Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the judgment of conviction dated 16.10.2006, vide which the petitioner was convicted under Sections 279 and 304-A IPC in FIR No. 2 dated 01.01.2000, Police Station Nuh and order of sentence dated 18.10.2006, vide which the petitioner was ordered to undergo rigorous imprisonment for a period of one and a half year and to pay a fine of Rs. 3,000/- for committing offence punishable under Section 304-A of IPC; in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days; to undergo rigorous imprisonment for a period of 3 months and to pay a fine of Rs. 1,000/- for committing offenc punishable under Section 279 of IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of 7 days as well as the judgment dated 21.07.2009 passed by the Additional Sessions Judge, Fast Track Court, Nuh, vide which the appeal filed by the petitioner was dismissed.

(2.) Brief facts of the case are that the petitioner has faced the trial on the allegations that on 01.01.2000 while driving the dumper in a rash and negligent manner, he has caused injuries to one Sakeeb Ahmad and he succumbed to the injuries caused in the accident. The trial Court has convicted the petitioner and sentenced him to undergo rigorous imprisonment for a period of 1 year and 6 months and this judgment was upheld by the Lower Appellate Court.

(3.) The petitioner, on 15.02.2018, has made a statement that out of total sentence awarded by the trial Court, he has already undergone 3 months and 10 days of actual sentence and he does not wish to challenge the judgment of conviction and has only prayed for reduction of sentence and has offered to compensate the legal heirs of deceased.