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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Kulwant Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This revision petition has been preferred against the judgment dated 18.04.2011 passed by learned Sessions Judge, Kapurthala, vide which, judgment of conviction and order on quantum of sentence dated 18.01.2010 passed by learned Additional Chief Judicial Magistrate, Kapurthala, have been upheld, in case stemming from FIR No.172 dated 17.11.2004 registered under Sections 279/337/338 of IPC at Police Station Subhanpur and the petitioner was sentenced as under :
Offence under Section(s) | Sentence |
279 IPC | RI for 03 months with a fine of Rs.500/-, in default of payment of fine, to further undergo RI for 15 days. |
337 IPC | RI for 03 months with a fine of Rs.500/-, in default of payment of fine, to further undergo RI for 15 days. |
338 IPC | RI for 06 months with a fine of Rs.500/-, in default of payment of fine, to further undergo RI for 15 days. |
It was ordered that all the sentences shall run concurrently.
2. Brief facts of the case set up by the prosecution are that on 17.11.2004, complainant-Mukesh Kumar got recorded his statement before ASI Brij Lal to the effect that on 15.11.2004, at about 4:30 PM, when he along with Varinder was going from Jalandhar to Na
Judicial discretion in sentencing allows for reduction based on time served when no minimum penalty exists, balancing justice and reformation.
The court modified the sentence of the accused due to prolonged trial and personal circumstances, affirming the conviction while ensuring justice is served.
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 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 reduce a sentence based on the time already served, considering the overall facts and circumstances of the case.
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
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