Crl. Rev. No. 138 of 2004 [ Page numbers ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 138 of 2004 Date of Decision: March 26,2009 Amrik Singh ...................................................................Petitioner Versus State of Punjab ..............................................................Respondent Coram: Hon'ble Mr.Justice Ashutosh Mohunta Present: Mr. Ashwani Kumar Sharma, Advocate for the petitioner. Ms. Ambika Luthra, AAG, Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has been convicted under Sections 279 and 304-A IPC by the Judicial Magistrate Ist Class, Zira, and has been sentenced to undergo RI for 3 months under Section 279 IPC and also to undergo RI for one year under Section 304-A IPC along with fine of Rs.100/- and in default of payment of fine, to further under RI for two months vide judgment dated 18.7.2002. The appeal filed by the petitioner has been dismissed and the conviction and sentence has been upheld by the Additional Sessions Judge, Moga, vide judgment dated 15.10.2003. Counsel for the petitioner submits that he does not wish to challenge the findings of conviction as recorded by the Courts below. It is submitted by the learned counsel that as per the Jail Certificate placed on Crl. Rev. No. 138 of 2004 [ Page numbers ] record the petitioner had undergone 4 months of sentence till 21.2.2004. Thereafter also he has been in custody and has undergone more than 7 months of imprisonment. He has also deposited the fine as imposed by the Courts below and, therefore, a lenient view be taken while sentencing him. The period of imprisonment as undergone by the petitioner has not been denied by the counsel for the State. The incident had taken place on 12.2.1997. The petitioner has faced a long and protracted trial of more than 12 years. Apart from the above, the petitioner has already undergone imprisonment of more than 7 months. In view of the aforementioned facts, while upholding the conviction of the petitioner under Sections 279 and 304-A IPC, I reduce the sentence of the petitioner to the one already undergone by him. The revision stands disposed of accordingly. 26.3.2009 ( ASHUTOSH MOHUNTA ) Rupi JUDGE