Full Judgment Text
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CASE NO.:
Appeal (crl.) 369-370 of 2008
PETITIONER:
Major Singh
RESPONDENT:
State of Punjab
DATE OF JUDGMENT: 22/02/2008
BENCH:
C.K. THAKKER & D.K. JAIN
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NOS.369-370 OF 2008
( Arising out of SLP(Crl.) Nos. 6164-6165/2007)
Delay condoned.
Leave granted.
We have heard learned counsel for the parties.
The appellant herein has been convicted for the offence punishable under Sections 27
9
and 304-A of the Indian Penal Code (for short, ‘the IPC’). The trial Court convicted
the appellant and ordered him to undergo rigorous imprisonment for one and half
years and to pay fine of Rs. 300/-, in default of payment of fine to further undergo
rigorous imprisonment for two months under Section 304-A and to undergo rigorous
imprisonment for three months and to pay fine of Rs. 100/-, in default of payment of
fine to further undergo rigorous imprisonment for one month under section 279 IPC.
The Sessions Court as well as the High Court confirmed the order of conviction and
sentence.
The learned counsel for the appellant contended that the Courts below were wrong in
recording conviction and imposing punishment on the appellant. In our opinion, so far
as the conviction is concerned, the trial Court after appreciating the evidence on record
passed an order of conviction and sentence. The Sessions Court as well as the
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High Court confirmed it. So far as the conviction is concerned, we see no reason to
interfere with the findings recorded by the trial Court and confirmed by both the
Courts.
On the facts and in the circumstances, we are of the view that ends of justice would
be
met if instead of one and half years, the sentence awarded to the appellant is reduced
to the period of one year. Ordered accordingly. So far as payment of fine is concerned,
it is not disturbed.
The appeals are allowed to the aforesaid extent.