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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Hakam Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. details of the case and charges against the appellants. (Para 1 , 2) |
| 2. arguments presented by both sides regarding sentencing. (Para 3 , 4 , 5) |
| 3. court’s observations on sentencing principles and prior case law. (Para 6 , 7 , 8 , 9 , 10) |
| 4. final modifications to the sentencing terms and conditions for probation. (Para 11 , 12) |
JUDGMENT :
Harpreet Singh Brar J. (Oral)
1. This appeal has been preferred against the judgment of conviction and order of quantum of sentence dated 02.06.2003 passed by learned Additional Sessions Judge, Fast Track Court, Ferozepur in FIR No. 112 dated 20.07.1995 registered at Police Station Dharamkot vide which the appellants was sentenced as under:Sr No. | Name of Appellant(s) | Conviction under Sections | Sentence awarded | Fine imposed |
Hakam Singh | (i) 458 of IPC (ii) 323 of IPC | Rigorous imprisonment for two earsRigorous imprisonment for six months | Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for six months Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for two months | |
2. | Resham Singh | (i) 458 of IPC (ii) 323 of IPC | Rigorous imprisonment for two years Rigorous imprisonment for six months | Rs. 5 |
The court emphasized proportionality in sentencing and the benefit of probation for reformation considering the offenders' backgrounds.
The court found that considerations of time served and rehabilitation justified the modification of the sentence in favor of the appellants.
The principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.
Sentencing in criminal cases must balance retribution and reform, considering the specifics of each case and the principle of proportionality.
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