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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Kulwant Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
CRM-42920-2024 & CRM-27782-2024
For the reasons mentioned in the applications, the same are allowed.
Delay of 355 days and 218 days in filing both the revision petitions is hereby condoned.
MAIN CASES
1. This common judgment of mine shall dispose of both the above-mentioned criminal revisions as they arise out of the common FIR. For the sake of brevity, facts are borrowed from CRR-2127-2024 titled as Kulwant Kaur and another vs. State of Punjab.
2. These revision petitions have been preferred against the judgment dated 04.09.2023 passed by learned Additional Sessions Judge, Kapurthala, vide which, judgment of conviction and order on quantum of sentence dated 31.10.2017 passed by learned Additional Chief Judicial Magistrate, Kapurthala in case bearing FIR No. 212 dated 08.09.2012 registered under Sections 420/193/200/468/465/471/120-B IPC at Police Station City Kapurthala have been upheld.
3. The petitioners were sentenced as under:
Petitioner's name | Offence under Section(s) | Sentence |
Mela Singh | 120-B IPC | RI for 03 years |
420 IPC | RI for 03 years with a fine of Rs.500/- in default to undergo RI for 02 days. | |
193 IPC | RI for 03 years with a fine of Rs.500/- in defa | |
The court modified the sentence from one year to the period already undergone, emphasizing the importance of proportionality and individual circumstances in sentencing.
Sentencing under Section 138 of the NI Act must balance retribution and reformation, allowing modification based on the accused's conduct and time served.
Judicial discretion in sentencing allows for reduction based on time served when no minimum penalty exists, balancing justice and reformation.
The court found that considerations of time served and rehabilitation justified the modification of the sentence in favor of the appellants.
The court has the discretion to consider the period already undergone by the accused when deciding on the appropriate sentence, based on the principles of sentencing policy and precedent laws.
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