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2003 Supreme(P&H) 962

PUNJAB & HARYANA HIGH COURT
Jasbir Singh, J.
Satpal Singh
Versus
State Of Haryana
CRIMINAL APPEAL No. 308 of 1987,
Decided On : JULY 16, 2003

The judgment emphasizes the reformation aspect of punishment in criminal cases and the need to balance punishment with the opportunity for the individual to reform and contribute positively to society.

Headnote:

Reformation - Criminal Law - IPC 307, 324, 452 - Sec.313 Cr. P. C. - Sec.452 IPC - Sec.324 IPC - Sec.307 IPC

Fact of the Case:

The appellant was convicted for offences under Sections 324 and 452 of IPC, but acquitted of the charge under Section 307. The appellant appealed for reduction of sentence based on reformation and the impact of imprisonment on his family.

Finding of the Court:

The court upheld the conviction but reduced the sentence to the period already undergone, emphasizing the reformation of the appellant and the need for a lenient and reformative treatment.

Issues: The main issue was the quantum of sentence and the impact of imprisonment on the appellant and his family.

Ratio Decidendi: The court balanced the reformation of the appellant with the need for punishment, citing previous judgments that reduced sentences based on the time elapsed since the occurrence and the reformation of the accused.

Final Decision: The appeal was partly allowed, and the sentence was reduced to the period already undergone, with an enhanced fine. The fine was ordered to be paid to the injured party as compensation.

Judgment

Jasbir Singh, J.

1. Occurrence is alleged to have taken place on the intervening night of 31/7/1986/1/8/1986. It was allegation against the appellant that he had entered the residential house of Mithu Singh, injured and assaulted him with knife. FIR No.204 dated 1/8/1986 was recorded against him under Sections 307 and 452 of IPC. After completion of investigation, final report was submitted before the competent court. Charges were framed for commission of offences punishable under Sections 307 and 452 IPC. Prosecution then led evidence to prove its case. After completion of prosecution evidence, statement of the appellant was recorded under Sec.313 Cr. P. C. , wherein he denied the allegations levelled against him. In defence, he produced one Kartar Singh as DWI and closed his evidence. Trial Court, on appraisal of evidence, as led by both the parties and looking into the entire record, came to a conclusion that prosecution had failed to make out any case under Sec.307 IPC, however, appellant was found guilty of commission of an offence punishable under Sections 324 and 452 IPC and was convicted and sentenced in undergo RI for a period of two years and to pay a fine of Rs.100.00 for commission of an offence under Sec.324 IPC. He was also sentenced to under go RI for a period of three years and to pay a fine of Rs.150.00 for commission of an offence under Sec.452 IPC. In default of payment of fine, he was directed to further undergo RI for two months and three months respectively.

2. It is not necessary to refer to further details of this case, as counsel appearing for the appellant has addressed arguments, only regarding quantum of sentence.

3. Mr. Bawa, Advocate appearing on behalf of the appellant has contended that appellant was of 24 years of age, when the alleged occurrence took place. May be due to but young age, without knowing the consequences of his act, he had committed that offence. He further stated that how he is a grown up individual and is residing with his family in a very peaceful manner. It is further contended that sword of conviction had been hanging over the head of the appellant for the last 16 years and it had its desired effect of reforming him. Counsel further states that after his conviction in this case, appellant had not involved in any other criminal activity. He is the only bread earner of his family and if at this stage, he is sent behind the bars, it is likely to have an adverse effect, not only on him but also on his family. Peace and tranquillity in the village is likely to be affected. Counsel has also brought to the notice of the Court that appellant had spent about four months behind the bars, before he was granted bail by the competent court. By referring to above mentioned facts, counsel prays that sentence awarded to the appellant may be reduced to the one already undergone.

4. This prayer has vehemently been opposed by Mr. G. P. S. Nagra, AAG Haryana appearing for the State. He has stated that guilt of the appellant is proved on record and punishment is in proportion to the offence committed by him and prayed that appeal be dismissed and conviction and sentence be upheld.

5. Purpose of criminal law is to bring discipline, peace and harmony in the society and also to give an opportunity to an erring individual to reform himself. This Court feels that due to fear of law, as has been stated by the counsel for the appellant he had reformed himself and is now residing a very peaceful life.

6. Their Lordships of the Supreme Court in Karamfit Singh V/s. State (Delhi Admn.), opined as under: Punishment in criminal cases is both punitive and reformative. The purpose is that the person found guilty of committing the offence is made to realise his fault and is deterred from repeating such acts in future. The reformative aspect is meant to enable the person concerned to relent and repent for his action and make himself acceptable to the society as a useful social being. In determining the q



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