SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is aggrieved by the judgments of both the Courts below vide which he has been convicted under Sections 279, 337 and 304 -A IPC and has been sentenced to undergo rigorous imprisonment for three months under Sections 279 and 337 IPC and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/ - under Section 304 -A IPC.

(2.) AT the outset, counsel for the petitioner states that he does not wish to challenge the findings of conviction recorded by both the Courts below. However, the petitioner has already undergone more than three months of actual imprisonment, therefore, a lenient view be taken while sentencing the petitioner.

(3.) AFTER hearing the counsel for the parties, I am of the considered opinion that as the occurrence took place on 21.4.1996 i.e. more than 13 years ago, therefore, the petitioner has faced a long and protracted trial. Apart from the above, the petitioner has already undergone more than 3 months of the substantive sentence and, therefore, ends of justice would be met if the sentence of the petitioner is reduced to the one already undergone by him.