Harbans Singh Vs. The State of Punjab
EmailAppeal: Criminal Appeal No. 659 of 2000
(Arising out of SLP (Crl.) No. 1501 of 1999)
(Arising out of SLP (Crl.) No. 1501 of 1999)
Petitioner: Harbans Singh
Respondent: The State of Punjab
Apeal: Criminal Appeal No. 659 of 2000
(Arising out of SLP (Crl.) No. 1501 of 1999)
(Arising out of SLP (Crl.) No. 1501 of 1999)
Judges: S.B. MAJMUDAR & S.N. PHUKAN, JJ.
Date of Judgment: Nov 08, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Section 307 – Sentence – On conviction sentenced to 3 years – At SLP stage, already undergone 1 year 6 months and 8 days. Held that to meet the ends of justice, sentence reduced to 2 years.
(Para 4)
JUDGEMENT:
ORDER
1. The special leave petition filed by petitioner no. 1 has been dismissed on 13.1.2000. Leave granted in respect of SLP filed by petitioner- Harbans Singh (the original petitioner no. 2).
2. We have heard learned Counsel for the parties finally in this appeal.
3. So far as the present appellant- the original accused no. 2, Harbans Singh son of Harnam Singh is concerned, he was convicted for an offence under Section 307, I.P.C. and was sentenced to undergo rigorous imprisonment for three years.
4. In special leave petition, notice was confined to question of sentence only. We are told by learned Additional Advocate General for respondent – State of Punjab that the appellant has already undergone sentence of one year six months and eight days. In our view, if the sentence is reduced to two years, it would meet the ends of justice. Accordingly, the appeal is allowed to the limited extent that the sentence imposed on the aforesaid appellant, instead of three years, shall stand reduced to two years. On the expiry of the remaining period of sentence as aforesaid, the appellant shall be released, if not required in any other case. The appeal is allowed accordingly.
1. The special leave petition filed by petitioner no. 1 has been dismissed on 13.1.2000. Leave granted in respect of SLP filed by petitioner- Harbans Singh (the original petitioner no. 2).
2. We have heard learned Counsel for the parties finally in this appeal.
3. So far as the present appellant- the original accused no. 2, Harbans Singh son of Harnam Singh is concerned, he was convicted for an offence under Section 307, I.P.C. and was sentenced to undergo rigorous imprisonment for three years.
4. In special leave petition, notice was confined to question of sentence only. We are told by learned Additional Advocate General for respondent – State of Punjab that the appellant has already undergone sentence of one year six months and eight days. In our view, if the sentence is reduced to two years, it would meet the ends of justice. Accordingly, the appeal is allowed to the limited extent that the sentence imposed on the aforesaid appellant, instead of three years, shall stand reduced to two years. On the expiry of the remaining period of sentence as aforesaid, the appellant shall be released, if not required in any other case. The appeal is allowed accordingly.
