- Court
- High Court of Punjab and Haryana
- Decided
- 29 August 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRR 591/2016
Judgment
CRR-591-2015 (O&M) 1 830 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-591-2015 (O&M) Date of decision: 29.08.2024 MANJIT SINGH ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ashok Kumar Khunger, Advocate with Ms. Kamaldeep Kaur, Advocate (Legal Aid Counsel) for the petitioner. Mr. Rishabh Singla, AAG Punjab. HARPREET SINGH BRAR J. (ORAL)
¶1Present revision petition has been preferred against the judgment dated 27.01.2016 passed by learned Additional Sessions Judge, Fazilka upholding the judgment of conviction and order of quantum of sentence dated
13.02.2015 passed by learned Judicial Magistrate Ist Class, Abohar in case FIR No. 55 dated 04.04.2011 registered at Police Station City-I, Abohar, vide which the petitioner was sentenced as under: Sr Name of Conviction Sentence Fine imposed petitionerNo. under awarded Sections
¶1Manjit 498-A ofRigorous Rs. 3,000/- and in default of Indian Penalimprisonment payment of fine, further awardedSingh Code for two years rigorous imprisonment for one month
¶2The brief facts of the prosecution case are that the present FIR was registered on the complaint moved by the complainant Bhinder Kaur to D.I.G. Ferozepur alleging therein to the effect that marriage of the complainant was CRR-591-2015 (O&M) 2 solemnized with accused-petitioner Manjit Singh, Constable No. 410, as per sikh rites. The complainant has three children i.e. two daughters and one son. It is further alleged that petitioner used to harass the complainant for bringing less dowry and also gave beatings after locking the complainant in a room and had developed illicit relations with accused Manpreet Kaur @ Mamta for the last seven years and later it came to the notice of complainant that her husband has solemnized marriage with said Manpreet Kaur @ Mamta and out of the said wedlock, they have two daughters. On 31.03.2007 she visited the rented accommodation where petitioner was residing with accused-Manjit Kaur @ Mamta at Dial Nagri, Abohar, and demanded money for her maintenance, then petitioner tied her and gave her beatings. Thereafter, the complainant was admitted to Civil Hospital, Abohar. The MLR of complainant was sent to the police but the police did not take any action against the accused-petitioner. Earlier also petitioner and his second wife forcibly administered her poison and then the complainant was admitted to Civil Hospital, Abohar and MLR of complainant was sent to police but the police again did not take any action as petitioner is an employee of Police department. Thereafter, the petitioner has turned the complainant along with her children, out of the matrimonial house, after giving her beatings. On the basis of aforesaid allegations, FIR(supra) was registered.
3. Learned counsel for the petitioner contends that he is not assailing the impugned judgment of conviction dated 13.02.2015 on merits and restricts his prayer to modification of the order of quantum of sentence to that of sentence already undergone by the petitioner as he has already undergone a period of 01 month and 15 days. CRR-591-2015 (O&M) 3
4. Per contra, learned State counsel opposes the prayer of the petitioner on the ground that learned trial Court has passed a well-reasoned judgment based on correct appreciation of evidence available on record which has also been upheld by the learned lower Appellant Court and as such, he does not deserve any leniency.
5. I have heard learned counsel for the parties and perused the record with their able assistance.
6. In Deo Narain Mandal v. State State of UP (2004) 7 SCC 257, a three Judge bench of the Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and max-imum term is prescribed by the statute with regard to the period of sentence, a discretionary element is vested in the Court. Background of each case, which includes factors like gravity of the offence, manner in which the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not to be used arbitrarily or whim-sically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient. Further, a two Judge Bench of the Hon'ble Supreme Court in Ravada Sasikala v. State of AP AIR 2017 SC 1166, has reiterated that the imposition of sentence also serves a social purpose as it acts as a deterrent by making the accused realise the dam-age caused not only to the victim but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner in which the crimeAJAY GOSWAMI CRR-591-2015 (O&M) 4 was committed and the conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the accused.
7. A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and submits that the said judgment is based on correct appreciation of evidence available on record. Moreover, learned counsel for the petitioner has not assailed the judgment of conviction on merits, rather he has restricted his prayer only qua quantum of sentence.
8. The FIR in the present case was filed on 04.04.2011 and the petitioner has been suffering the agony of trial since the last 13 years. As per the custody certificate, the petitioner has undergone actual sentence of 01 month and 11 days out of substantive sentence of 02 years and he is not involved in any other case.
9. Accordingly, this Court is of the opinion that it would be in the interest of justice, if the sentence awarded to the petitioner is reduced to the period already undergone by him.
10. Consequently, the present petition is disposed of in the following terms:-
(i) The judgment dated 27.01.2016 passed by the learned Additional Sessions Judge, Ludhiana upholding the judgment of conviction is upheld, however, the order of sentence dated 13.02.2015 is modified to the extent that the total sentence of rigorous imprisonment for six months along with default mechanism awarded to the petitioner is reduced to the period of sentence already undergone by him.
(ii) Fine of Rs. 3000/- imposed upon the petitioner is enhanced to Rs. 10,000/-. The petitioner is directed to deposit the amount of fine in the trial Court within one month from the date of receipt of certified copy of this order and in case of default of payment of fine, the petitioner CRR-591-2015 (O&M) 5 shall be liable to be taken into custody and made to undergo simple imprisonment for one month.
¶10Pending miscellaneous application(s), if any, shall also stand dis-posed of.
¶11Registry is directed to pay the amount of honorarium to the Legal Aid Counsel, as per rules. (HARPREET SINGH BRAR) August 29, 2024 JUDGE Ajay Goswami
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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