Punjab-Haryana High Court
Rajiv vs State Of Haryana on 7 January, 2015
Author: Sabina
Bench: Sabina
Crl. Appeal No. S-549-SB of 2007 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Appeal No. S-549-SB of 2007 (O&M)
Date of Decision: 07.01.2015
Rajiv ......Appellant
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. C.R.Olla, Advocate for
Mr. Pankaj Mehta, Advocate
for the appellant.
Ms. Dimple Jain, AAG, Haryana.
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SABINA, J.
Appellant had faced the trial qua commission of offence punishable under Section 186, 216, 224, 225, 332, 341, 353, 395 read with Section 397 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 144 dated 20.8.1998, registered at Police Station Bawani Khera. Trial Court vide judgment/order dated 11.1.2007/12.1.2007 ordered the conviction and sentence of the appellant under Section 332, 353, 341, 395 read with Section 397 IPC and 224 IPC. Hence, the present appeal by the appellant.
During the course of arguments, learned counsel for the appellant has not challenged the conviction of the appellant under Section 332, 353, 341, 395 read with Section 397 IPC and 224 IPC but has submitted that appellant has undergone more than six years of actual sentence out of seven years and the sentence qua imprisonment of the appellant be reduced to the period already GURPREET SINGH 2015.01.08 15:55 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal No. S-549-SB of 2007 (O&M) -2- undergone by him. Appellant is the only bread earner of the family.
Keeping in view the facts and circumstances of the present case, it would be just and expedient to reduce the sentence qua imprisonment of the appellant to the period already undergone by him.
Accordingly, conviction of the appellant under Section 332, 353, 341, 395 read with Section 397 IPC and 224 IPC is maintained. However, sentence qua imprisonment of the appellant is reduced to the period already undergone by him.
Appeal stands disposed of accordingly.
(SABINA) JUDGE January 07, 2015 Gurpreet GURPREET SINGH 2015.01.08 15:55 I attest to the accuracy and authenticity of this document Chandigarh