Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Om Parkash – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
This revision petition has been preferred against the judgment dated 22.08.2012 passed by learned Sessions Judge, Fatehabad, vide which, judgment of conviction and order on quantum of sentence dated 09/10.12.2009 passed by learned Additional Chief Judicial Magistrate, Fatehabad in case bearing FIR No.490 dated 22.09.2002 registered under Sections 279/337/304-A IPC at Police Station City Fatehabad have been upheld.
2. The petitioner was sentenced as under:
Offence | Sentence |
279 IPC | RI for 03 months with a fine of Rs.500/- in default of payment of fine to undergo RI for 15 days. |
337 IPC | RI for 06 months with a fine of Rs.500/- in default of payment of fine to undergo RI for 15 days. |
304-A IPC | RI for 01 year with a fine of Rs.500/- in default of payment of fine to undergo RI for 15 days. |
It was ordered that all the sentences shall run concurrently.
3. Brief facts of the case are that the FIR (supra) was registered on the statement made by complainant Bhagi Ram that on 22.09.2002 at about 11:15 AM, he was going to Bhuna Road, when he reached near Bhartiya Service Station, Bhuna Road, Mohinder Singh son of Chatter Singh alongwith Jagsir Singh son of Har Gobin
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 principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
