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BALWINDER KUMAR versus STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Balwinder Kumar v. State of Punjab - CRR-1646-2006 [2006] RD-P&H 10574 (15 November 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRR NO. 1646 of 2006(O&M)

DATE OF DECISION. 22.11.2006.

Balwinder Kumar .....Petitioner

Versus

State of Punjab .....Respondent

CORAM HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT Mr. Smile Dhir, Advocate

Mr. Mohinder Singh Joshi, DAG,Punjab.

AJAI LAMBA , J( Oral )

*****

This revision is directed against judgment of conviction recorded by Judicial Magistrate Ist Class, Ludhiana dated 2.7.2005 which has been confirmed by the appellate Court vide judgment dated 14.7.2006 whereby the petitioner has been convicted for committing an offence under Section 411 IPC and sentenced to rigorous imprisonment for 1 year and fine of Rs. 500/- ( in default of payment of fine, rigorous imprisonment for one month) .

The judgment of conviction has not been challenged.

Notice of motion was issued only with regard to quantum of sentence.

It is pleaded on behalf of the petitioner that a scooter has been recovered from the petitioner. The petitioner is a poor person and is a daily wager. The petitioner has already undergone approximately five months sentence.

Considering the facts and circumstances of the case and financial status of the petitioner, in my considered view, the ends of justice would be served if the sentence is modified and the petitioner is sentenced to the period already undergone.

Accordingly the revision petition is dismissed with the above modification in the order of sentence.

November 22, 2006 ( AJAI LAMBA )

mamta JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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