Iqbal vs State of Haryana

Rekha Mittal, J.—Feeling aggrieved against his conviction and sentence for offence u/s 279, 304-A of Indian Penal Code, passed by the Courts of Judicial Magistrate, Ferozepur Jhirka and Additional Sessions Judge, Nuh, the present petition has been preferred by the convict-Iqbal. The challenge to the conviction of the petitioner was rejected, vide order dated 03.04.2013 and his conviction has been affirmed.

Counsel for the petitioner submits with regard to quantum of sentence that the case was registered in May, 2005 and the petitioner has suffered the pangs of investigation, trial and proceedings before the Appellate Court, for a period of more than eight years. It is further submitted that the petitioner has suffered actual imprisonment for a period of 3 months and 12 days, therefore, the sentence may be reduced to the period already undergone.

Counsel for the State of Haryana has submitted that the rash and negligent driving on the part of the petitioner resulted in the death of a woman, therefore, he does not deserve any leniency in regard to question of sentence.

I have heard counsel for the parties and perused the records.

The occurrence, in question, took place on 20.05.2005 leading to registration of FIR against the petitioner. The petitioner has suffered the pangs of investigation, trial and proceedings before the Appellate Court for a period of more than eight years. He has also suffered incarceration for a period of 3 months and 12 days. There is nothing on record to suggest that the petitioner ever stood in the way or create any hindrance in the proceedings through out. Keeping in view the totality of the facts and circumstances discussed hereinabove, the sentence awarded for offence u/s 304-A IPC is reduced to rigorous imprisonment for a period of 9 months. With this modification in the order of quantum of sentence, the revision petition stands disposed of.