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2013 DIGILAW 1466 (PNJ)

Jaspal Singh v. State of Haryana

2013-11-08

Sabina

body2013
JUDGMENT Mrs. Sabina, J.:- Petitioner had faced the trial qua commission of offence punishable under Section 279, 304-A (‘IPC’’ for short) in FIR No. 156 dated 13.8.2008, registered at Police Station Chandi Mandir. The Trial Court vide judgment/order dated 25.3.2013 ordered the conviction and sentence of the petitioner under Section 279, 304-A IPC. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal. The Appellate Court vide judgment dated 18.7.2013 dismissed the appeal filed by the petitioner. Hence, the present petition by the petitioner. 2. During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 279, 304-A IPC but has submitted that sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. Learned counsel has further submitted that in a claim petition filed by the legal heirs of the deceased, matter had been duly settled in the Lok Adalat and compensation to the tune of Rs. 1,70,000/- was ordered to be paid to the parents of the deceased. Learned counsel for the petitioner has further submitted that petitioner is ready to pay Rs. 30,000/- by way of compensation to the parents of the deceased. Petitioner is the only bread earner of the family and is not a previous convict. 3. Keeping in view the facts and circumstances of the present case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to the period already undergone by him. 4. Accordingly, conviction of the petitioner under Section 279, 304-A IPC is maintained. However, sentence qua imprisonment of the petitioner is reduced to the period already undergone by him. Petitioner is directed to deposit the additional fine to the tune of Rs. 30,000/- before the Trial Court within one month from today. Trial Court is directed to disburse the said amount to Pawan Kumar and Rajni Bala-parents of deceased Arun Kumar, forthwith and the parents of the deceased shall share the amount equally. In case the additional amount of fine to the tune of Rs. 30,000/- is not deposited by the petitioner, before the Trial Court, within one month from today, this petition shall be deemed to have been dismissed. Petitioner, who is in custody, be set at liberty forthwith, if not required in any other case. 5. Petition stands disposed of accordingly. ---------0.B.S.0------------