Sukhmander Singh vs State Of Punjab on 20 April, 2009

                          Crl.R. No.473 of 2004                         -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                        CASE NO.: Crl.R. No.473 of 2004

                                      DATE OF DECISION: April 20, 2009


SUKHMANDER SINGH                                        ...PETITIONER

                                    VERSUS

STATE OF PUNJAB                                         ...RESPONDENT

CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.

PRESENT: MR. C.S. RANA, ADVOCATE
FOR MR. S.S. RANA, ADVOCAE FOR THE PETITIONER.
MS. AMBIKA LUTHRA, AAG, PUNJAB.

ASHUTOSH MOHUNTA, J.(ORAL)

The petitioner has been convicted by the Chief Judicial

Magistrate, Moga under Section 294-A IPC and sentenced to undergo R.I.

for 3 months and to pay a fine of Rs.200/-, in default of payment of fine to

further undergo R.I. for 15 days and was also convicted under Section 420

IPC and was sentenced to undergo R.I. for 2 years and to a pay a fine of

Rs.500/-, in default of payment of fine to further undergo R.I. for 3 months

vide judgement dated 20.5.2002. The appeal filed by the petitioner has been

dismissed by the Addl. Sessions Judge, Moga vide judgement dated

3.2.2004, and the conviction and sentence of the petitioner as imposed by

the trial Court have been upheld.

The only argument raised by the counsel for the petitioner is

that as the petitioner has undergone more than 9 months of actual sentence

out of the substantive sentence of 2 years under Section 420 IPC and that he
Crl.R. No.473 of 2004 -2-

has faced the agony of long and protracted trial, therefore, a lenient view be

taken while sentencing the petitioner.

The period of detention as undergone by the petitioner is not

denied by the counsel for the State.

In view of the aforementioned facts, I upheld the conviction of

the petitioner under Section 294-A and 420 IPC. However, as far as the

question of sentence is concerned, I find that the petitioner has already

undergone 9 months of imprisonment and has also faced a long and

protracted trial of more than 12 years. In this view of the matter, I reduce

the sentence of the petitioner under Section 294-A and 420 IPC to the one

already undergone by him.

Revision petition disposed of.

April 20, 2009                            (ASHUTOSH MOHUNTA)
Gulati                                         JUDGE