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2014 DIGILAW 252 (PNJ)

Kulwant Singh v. State of Punjab

2014-01-31

REKHA MITTAL

body2014
Mr. Rekha Mittal, J.: - The petitioner has filed the instant petition to lay challenge to the judgments passed by the Courts below whereby he has been convicted and sentenced for commission of offence punishable under Section 304-A of the Indian Penal Code (for short “IPC”). 2. On 5.8.2013, the following order was passed by this Court:- “Counsel for the petitioner submits that he does not press the petition qua challenge to conviction by the Courts below, however, he may be heard on the quantum of sentence. Notice of motion qua quantum of sentence only for 23.10.2013.” 3. Counsel for the petitioner contends that the petitioner has been awarded maximum prescribed sentence of two years for offence under Section 304-A IPC without considering the fact that he faced protracted trial and proceedings in appeal for a period of 14 years. It is argued that the petitioner has suffered actual custody for a period of 07 months and 17 days and his total custody including remissions comes to 08 months and 15 days. The petitioner is suffering from HIV +ve and under treatment from ART Centre, Civil Hospital, Pathankot for his medical condition. The wife of the petitioner is also suffering from HIV +ve and reduced to a skeleton due to its effect on her health. It is prayed that sentence awarded to the petitioner may be reduced to the period already undergone. 4. A report submitted by Senior Medical Officer, Central Jail, Amritsar regarding health status of Kulwant Singh-petitioner is taken on report. 5. Counsel for the State, in view of earlier report filed by way of affidavit of Amrik Singh Superintendent of Police (Jail), Central Jail, Amritsar as well as report given by Senior Medical Officer, Central Jail, Amritsar, has fairly conceded that the petitioner is HIV +ve and getting treatment from ART Center, Civil Hospital, Pathankot. 6. As per report of the Senior Medical Officer, Central Jail, Amritsar, the petitioner has history of weight loss. He faced the pangs of criminal proceedings for a period of about 15 years as the FIR was lodged on 26.7.1999. He has already suffered actual custody for a period of 07 months and 17 days. No other criminal case is ever registered much less pending against him. There is nothing on record that the petitioner ever created any impediment in administration of criminal justice. 7. He has already suffered actual custody for a period of 07 months and 17 days. No other criminal case is ever registered much less pending against him. There is nothing on record that the petitioner ever created any impediment in administration of criminal justice. 7. Keeping in view totality of facts and circumstances discussed hereinabove, the substantive sentence awarded to the petitioner is reduced to rigorous imprisonment for a period of 09 months. 8. The petition stands disposed of with modification in the aforesaid terms.