Full Judgment Text
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CASE NO.:
Appeal (crl.) 137 of 2008
PETITIONER:
Shiv Lal
RESPONDENT:
State of Haryana
DATE OF JUDGMENT: 18/01/2008
BENCH:
C.K. THAKKER & D.K. JAIN
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of S.L.P.(Criminal) No.5062 of 2007
Leave granted.
We have heard learned counsel for the parties.
The appellant herein was acquitted by the Trial Court for an offence punishable
under Section 307 IPC. He, was, however, convicted for an offence punishable under
Section 61(1)(a) of Punjab Excise Act, 1961 and was ordered to undergo rigorous
imprisonment for a period of two years and to pay a fine of Rs.1000/-, in default of
payment of fine, to undergo further rigorous imprisonment for two months. The High
Court confirmed the said order of conviction.
The learned counsel for the appellant stated that so far as the conviction under
Section 307, IPC is concerned, it was not challenged by the State and the order had
attained finality. So far as conviction under the Punjab Excise Act is concerned the
counsel stated that the maximum punishment
:2:
imposable for the said offence is three years. He also stated that the appellant had
suffered serious injuries due to air crash and even now his physical condition is not
well and is undergoing treatment. An affidavit to that effect is also filed. Necessary
material in the form of photographs and medical certificate are also produced. He
further stated that the appellant has remained in jail for 159 days till today.
On considering the facts and circumstances in their entirety, in our opinion, ends
of justice would be met if we hold that the sentence suffered by the appellant is held
adequate. The appellant is ordered to be released forthwith if he is not required in
connection with any other case. We order accordingly.
Appeal is, accordingly, allowed to the extent indicated above.