Supreme CourtDivision Bench

Harbans Singh vs State of Punjab

Supreme Court Of India · Decided on 11 August 2000 · Citation: (2000) 3 ACR 2408 : (2000) 10 JT 300 : (2001) 8 SCALE 416

HON’BLE JUDGES
S. N. Phukan, J · S. B. Majmudar, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 307
RESULT
allowed
CASE NUMBER
Criminal Appeal No. 659 of 2000
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Judgment

4 paragraphs · 197 words

S.B. Majmudar and S.N. Phukan, JJ.—The SLP 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 u/s 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.