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Boor Singh and Others Vs.

Type Court Judgment Court Punjab and Haryana Decided Apr 26, 2014
~2 min read
https://sooperkanoon.com/case/1138689
Citation
Court
Punjab and Haryana High Court
Decided On

Parties & Advocates

Appellant / Petitioner

Boor Singh and Others

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Excerpt

.....has requested for release of petitioners on probation or by awarding the sentence already undergone. the custody certificates produced on file show that by 21.04.2014, the petitioners have already undergone four months and ten days of imprisonment and have also earned 12 days of remissions. there is nothing on the file to show that they are previous convicts. keeping all the above facts in view and and the fact that the petitioners have been facing the agony of trial and their conviction for the last about ten years.the sentence awarded to them for the offences punishable under sections 148 and 324 ipc is reduced to rigorous imprisonment for six months, maintaining the fine and sentence for the other offences. with the above modification of sentence, the petition stands disposed of. ( surinder gupta ) april 26, 2014. judge sachin m. mehta sachin 2014.05.01 16:28 i attest to the accuracy and integrity of this document chandigarh

Full Judgment

CRR No.368 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.

Revision No.368 of 2014 (O&M) Date of Decision: April 26, 2014.

Boor Singh and others ..........PETITIONER(s).VERSUS State of Punjab ........RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE SURINDER GUPTA Present: Mr.D.S.Khurana, Advocate for the petitioner (s).Ms.Shivali, A.A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) Trial Court record has been received.

Heard.

At the very outset, learned counsel for the petitioners has confined the relief in this case only qua the quantum of sentence awarded and conceding the conviction of the petitioners for the offences punishable under Sections 323, 324, 148 read with Section 149 IPC as legal.

Learned counsel for the petitioners has submitted that petitioners Prem Singh, Balwinder Singh, Mohinder Singh and Pappu Singh are in the prime of their youth and have to earn the livelihood for their respective families.

They are not the previous convicts.

Father of Mehta Sachin 2014.05.01 16:28 I attest to the accuracy and integrity of this document CHANDIGARH CRR No.368 of 2014 -2- petitioners Mohinder Singh and Balwinder Singh has since died while Pappu Singh and his father Boor Singh both are in jail.

The petitioner have been awarded rigorous imprisonment for one year each for the offences under Sections 148 and 324 IPC.

The injury constituting offence under Section 324 IPC was on non-vital part of the body.

Learned counsel for the petitioners has requested for release of petitioners on probation or by awarding the sentence already undergone.

The custody certificates produced on file show that by 21.04.2014, the petitioners have already undergone four months and ten days of imprisonment and have also earned 12 days of remissions.

There is nothing on the file to show that they are previous convicts.

Keeping all the above facts in view and and the fact that the petitioners have been facing the agony of trial and their conviction for the last about ten yeaRs.the sentence awarded to them for the offences punishable under Sections 148 and 324 IPC is reduced to rigorous imprisonment for six months, maintaining the fine and sentence for the other offences.

With the above modification of sentence, the petition stands disposed of.

( SURINDER GUPTA ) April 26, 2014.

JUDGE Sachin M.

Mehta Sachin 2014.05.01 16:28 I attest to the accuracy and integrity of this document CHANDIGARH


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