208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-2036-2011 (O&M) Date of Decision: April 22, 2025 Kishan Kumar …Pe22oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None of the peoner. Mr. Rajeev K. Takkar, DAG, Punjab. DEEPAK GUPTA , J.(Oral) Peoner – Kishan Kumar was tried by learned Addl. Chief Judicial Magistrate, Hoshiarpur under Secons 279/304-A/427 IPC, in a case arising out of FIR No.423 dated 03.12.20002, registered at Police Staon Sadar HSP and was convicted and sentenced as under:- Sr. No. Offence Sentence (R.I) Fine Further sentence in case of non-payment of fine 1. 304-A IPC 01 year `2,000/- R.I. for 15 days 2. 279 IPC 06 months -- -- Both the sentences were directed to run concurrently. 2. The appeal against the convicon and sentence was dismissed by learned Addl. Sessions Judge (Adhoc) Fast Track Court, Hoshiarpur, vide judgment dated 18.08.2011. 3. Today nobody is appearing on behalf of the peoner. This Court has gone through the impugned judgment of the trial Court 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 judgment of convicon and as such, the same is hereby maintained. 4. However as far as the impugned order of sentence is concerned it is noced that peoner was sentenced for a period of 01 year and to pay fine of ₹2,000/- with default sentence of 15 days rigorous imprisonment in case of non-payment of fine. Sarita Rani 2025.04.23 10:11 I attest to the accuracy of this document/order CRR-2036-2011 (O&M) - 2 - 2025:PHHC:051236 5. The custody cerficate placed on record by the respondent- State would reveal that peoner has already undergone actual custody sentence of 02 months and 28 days. Custody cerficate further indicates that peoner is not involved in any other criminal case. 6. 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. 7. Consequently, the present revision 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. 8. However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate concerned, within a period of four weeks from today, failing which the peoner will have to carry out the complete sentence as imposed by the trial Court. Disposed of. April 22, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.04.23 10:11 I attest to the accuracy of this document/order