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High Court of Punjab and Haryana · body

2025 DAILYLAW 51664 (PNJ)

TARSEM SINGH v. STATE OF PUNJAB

CRR/28/2014 · 2025-04-29

Deepak Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 204 CRR-28-2014 Date of Decision.: 29.04.2025 Tarsem Singh …..Pe--oner Vs. State of Punjab .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the peoner. Mr. R.K. Takkar, DAG, Punjab. **** DEEPAK GUPTA, J. (ORAL) Peoner Tarsem Singh was tried by Ld. Judicial Magistrate 1st Class, Fazilka in a case arising out of FIR No.336 dated 30.10.2005 under Secons 279, 338, 304-A of the IPC registered at Police Staon Sadar, Fazilka. A8er trial, the peoner was convicted under 304-A of the IPC vide judgment dated 23.07.2014 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of ₹1,000/- with default sentence of 15 days rigorous imprisonment in case of non-payment of fine. 2. Against the abovesaid convicon and sentence, this revision peon was filed. 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 a8er 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. NEETIKA TUTEJA 2025.04.29 17:08 I attest to the accuracy and integrity of this document CRR-28-2014 -2- 4. However as far as the impugned order of sentence is concerned it is noced that peoner was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of ₹1,000/- with default sentence of 15 days rigorous imprisonment in case of non-payment of fine. 5. The custody cerficate placed on record by the respondent- State would reveal that peoner has already undergone actual custody sentence of 09 months and 24 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 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. 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. ( DEEPAK GUPTA ) JUDGE April 29, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.04.29 17:08 I attest to the accuracy and integrity of this document