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Sandeep Kumar vs State Of Punjab on 24 October, 2019

In The High Court for the States of Punjab and Haryana
At Chandigarh

CRR-2021-2019 (OM)
Date of Decision:- 24.10.2019

Sandeep Kumar … Petitioner

Versus

State of Punjab … Respondent

CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL

Present:- Ms. Satinder Kaur, Advocate, for the petitioner.

Ms. Rashmi Attri, AAG, Punjab,
assisted by SI Manjit Singh.

*****

GURVINDER SINGH GILL, J. (Oral)

1. The petitioner has approached this court challenging judgment dated

9.7.2019, passed by learned Additional Sessions Judge, Patiala

whereby an appeal filed by the petitioner against judgment dated

2.11.2017 passed by learned Judicial Magistrate 1st Class, Patiala

holding him guilty for committing offences punishable under Section

354 and Section457 IPC has been dismissed.

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2. Learned Judicial Magistrate 1st Class, Patiala while convicting the

petitioner for offences under Sections 354 and Section457 IPC, sentenced the

petitioner to undergo the following imprisonment:

Offence under Sentence awarded Fine imposed
Section
354 IPC Rigorous imprisonment for `500/- in default of
two years payment of fine
simple imprisonment
for 10 days
457 ICP Rigorous imprisonment for `500/- in default of
two years payment of fine
simple imprisonment
for 10 days

3. Appeal filed by the petitioner challenging aforesaid judgment dated

2.11.2017 was also dismissed by the learned Additional Sessions

Judge, Patiala, which has been challenged by way of filing the

present revision petition in this Court.

4. This Court upon finding that there was no infirmity in the findings as

regards the guilt of the petitioner had issued notice to the State for the

limited purpose for considering the propriety of the sentence.

5. Learned counsel for the petitioner has submitted that the petitioner is

a young man aged 23 years and is a first offender and has thus prayed

that a lenient view may be taken in the sentence.

6. As per custody certificate filed today in the Court, the petitioner has

undergone 3 months and 29 days apart from having earned

remissions to the tune of 8 days.

7. Having regard to the facts and circumstances of the case and while

bearing in mind that the petitioner is a young man and is a first

offender, a lenient view can be taken in the matter of sentence.

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Consequently, the substantive sentence of imprisonment as imposed

upon the petitioner is reduced from 2 years for each of the offences to

4 months for each of the offences. Both the sentences shall however

run concurrently. The fine shall however remain unaltered. However,

the aforesaid reduction shall be subject to the condition that the

petitioner pays an amount of `50,000/- as compensation to the victim

which shall be deposited in the Court of Chief Judicial Magistrate,

concerned within a week from today with a notice of such deposit to

victim. Upon such amount being deposited, the same shall be

disbursed to the victim subject to proper identification.

8. The revision petition stands accepted to the limited extent as regards

modification of sentence, as indicated above.

October 24, 2019 (GURVINDER SINGH GILL)
mohan JUDGE

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

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