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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Bikkar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J. (ORAL)
1. The present revision petition is preferred against the judgment dated 01.11.2007 passed by the learned Additional Sessions Judge, Barnala, vide which the appeal against judgment of conviction and order of sentence dated 10.07.2007 passed by the learned Judicial Magistrate 1st Class, Barnala, in FIR No.143 dated 04.09.2004 registered under Section 61(1)(a) of Punjab Excise Act, 1914 registered at Police Station Tapa, has been dismissed.
2. The petitioners were convicted and sentenced as mentioned below:
Offence | Sentence |
Section 61(1)(a) of | Rigorous imprisonment for a period of 01 year each and to pay fine of Rs.1,000/- each and in default thereof, rigorous imprisonment for two months each. |
3. After assessing the material available on record, the learned trial Court convicted the petitioners vide judgment dated 10.07.2007. Aggrieved by the same, the petitioners preferred an appeal before the learned lower Appellate Court which has been dismissed vide judgment dated 01.11.2007.
4. Learned amicus curiae for the petitioner inter alia contends that the prosecution has not verified about the ownership of the Car that has said to
The court upheld the conviction while reducing the sentence to time served, emphasizing judicial discretion and proportionality in sentencing, especially where no minimum punishment is prescribed.
The court ruled that in light of the prolonged trial and time served, the sentence for the offence under Section 16/54 of the Rajasthan Excise Act should be reduced to the period already undergone.
The court confirms conviction while granting probation, emphasizing rehabilitation over punishment for first-time offenders.
The court established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
The court has the discretion to consider the time served and the circumstances of the trial in reducing the sentence under the Rajasthan Excise Act.
The court confirmed the conviction under the A.P. Excise Act, emphasizing the right to a speedy trial and procedural adherence in the criminal justice process.
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