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208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1865-2008 Date of Decision: April 04, 2025 Chand alias Chand Singh …Pe..oner Versus State of Haryana …Respondent
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the peoner. Mr. R.K.S. Brar, Addl. A.G., Haryana. DEEPAK GUPTA
, J.(Oral)
As reported by the Registry, learned counsel for the peoner was duly informed, sll there is no appearance on behalf of the peoner. 2. Peoner – Chand alias Chand Singh was tried by learned Addl. Chief Judicial Magistrate, Jind under Secons 279, 337, 304-A and 427 IPC, in a case arising out of FIR No.87 of 30.0.1998, registered at Police Staon Sadar Jind and was convicted and sentenced as under:- Sr. No. Offence Sentence (R.I) Fine Further sentence in case of non-payment of fine
1. 279 IPC 06 months -- --
2. 337 IPC 03 months `500/- S.I. for 01 month
3. 304-A IPC 01 year -- -- All the sentences were directed to run concurrently. The appeal against the convicon and sentence was dismissed by learned Addl. Sessions Judge-1, Jind, vide his judgment dated
20.08.2008. 3. Against the abovesaid convicon and sentence, this revision was filed. 4. Today nobody is appearing on behalf of the peoner. This Court has gone through the impugned judgments of both the Courts below and finds that convicon has been recorded a:er proper appreciaon of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgments of convicon and as such, the same is hereby maintained. 5. However as far as the impugned order of sentence is concerned it is noced that peoner was awarded maximum sentence for Sarita Rani 2025.04.05 09:31 I attest to the accuracy of this document/order
CRR-1865-2008 - 2 - 2025:PHHC:046617 the period of 01 year and fine of ₹500/- with default sentence of 01 month simple imprisonment in case of non-payment of fine. 6. The custody cerficate placed on record by the respondent- State would reveal that peoner has already undergone actual custody sentence of 01 month and 14 days. Custody cerficate further indicates that appellant is not involved in any other criminal case. 7. In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment is reduced to the period already undergone by the peoner, instead of sending him behind bars in the company of hardened criminals. 8. Consequently, the present peon is partly accepted.
By maintaining the impugned judgment against convicon, the order of sentence as passed by the trial Court is modified and the peoner is sentenced to imprisonment for the period already undergone by him. As far as the fine is concerned, it will remain same.
Disposed of. April 04, 2025
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.04.05 09:31 I attest to the accuracy of this document/order