Singh Vs. State of Punjab  Insc 265 (22 February 2008)
Thakker & D.K. Jain
O R D
E R CRIMINAL APPEAL NOS.369-370 OF 2008 (Arising out of SLP(Crl.) Nos.
have heard learned counsel for the parties.
appellant herein has been convicted for the offence punishable under Sections
279 and 304-A of the Indian Penal Code (for short, `the IPC'). The trial Court
convicted the appellant and ordered him to undergo rigorous imprisonment for
one and half years and to pay fine of Rs. 300/-, in default of payment of fine
to further undergo rigorous imprisonment for two months under Section 304-A and
to undergo rigorous imprisonment for three months and to pay fine of Rs. 100/-,
in default of payment of fine to further undergo rigorous imprisonment for one
month under section 279 IPC.
Sessions Court as well as the High Court confirmed the order of conviction and
learned counsel for the appellant contended that the Courts below were wrong in
recording conviction and imposing punishment on the appellant. In our opinion,
so far as the conviction is concerned, the trial Court after appreciating the
evidence on record passed an order of conviction and sentence. The Sessions
Court as well as the : 2 :
Court confirmed it. So far as the conviction is concerned, we see no reason to
interfere with the findings recorded by the trial Court and confirmed by both
facts and in the circumstances, we are of the view that ends of justice would
be met if instead of one and half years, the sentence awarded to the appellant
is reduced to the period of one year. Ordered accordingly. So far as payment of
fine is concerned, it is not disturbed.
appeals are allowed to the aforesaid extent.