ASSA NAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner faced trial is the Courts below for an offence punishable under Section 304-A of the Indian Penal Code. He was ultimately convicted under Section 304-A of the Indian Penal Code by Judicial Magistrate Ist Class, Dasuya and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 500/- and in default of payment thereof, to undergo further rigorous imprisonment for a period of three months vide judgment/order dated December 12, 1987. His appeal against conviction and sentence did not meet with any success and was dismissed by the Additional Sessions Judge, Hoshiarpur vide his order dated September 12, 1988.

(2.) HAVING failed to successfully challenge the conviction of the petitioner, the counsel for the petitioner prayed for mercy in the matter of sentence.

(3.) THE question of sentence is always a difficult question, requiring as it does, proper adjustment and balancing of various considerations which weigh with a judicial mind in determining its appropriate quantum in a given case. In this case there are so many mitigating and extenuating circumstances warranting interference in the matter of sentence. In this case, the accident in question resulting in the death of the Inderjit took place on March 23, 1986. He was convicted and sentenced on December 12, 1987 and his appeal was dismissed by the Additional Sessions Judge, Hoshiarpur on September 12, 1988. He filed this Criminal Revn. in this Court on September 14, 1988 and since then it is pending for no fault of the petitioner. The petitioner is undergoing the agony of this criminal prosecution for the last more than 13 years which, in my opinion, is sufficient to reform him. In modern civilised society, reformatory aspect is being given somewhat greater importance. Keeping all these circumstances in view, I reduce the substantive sentence of the petitioner to the one already undergone by him but maintain the sentence of fine.