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Judgment
11 paragraphs · 365 wordsMahavir Singh Chauhan, J.
CRM No. 1548 of 2014
Allowed as prayed for.
CRR No. 169 of 2014 & CRM No. 1549 of 2014
Heard.
Petitioner along with two others, was convicted and sentenced by the learned Judicial Magistrate 1st Class, Ferozepur (for short, ''the trial court'') under Sections 420, 468 and 471 of the Indian Penal Code, 1860 (for short ''IPC''), vide judgment of conviction and order of sentence dated 03.09.2011, to undergo rigorous imprisonment for a term of one year with payment of fine of Rs. 1000/- and in default payment of fine, to undergo further imprisonment for one month for each offence.
Petitioner, aggrieved by his conviction, filed an appeal (Crl. Appeal No. 108 of 29.09.2011/RBT No. 12 of 2013) challenging the afore-stated judgment and order of sentence but his appeal was dismissed by the learned Additional Sessions Judge, Ferozepur (for short, ''the appellate court''), vide judgment dated 24.12.2013.
To challenge the judgments and order of the Courts below, the petitioner has approached this Court by way of instant criminal revision petition under Sections 397/401 of the Criminal Procedure Code, 1973 (for short, ''Cr.P.C.'').
During the course of preliminary hearing, learned counsel for the petitioner restricted his prayer to the quantum of sentence awarded to the petitioner and notice of motion was issued only with regard to this restricted prayer.
It is contended on behalf of the petitioner and is not disputed on behalf of the respondent-State that out of the total sentence of one year awarded to the petitioner, he has already spent 05 months in custody and he is 76 years old, is the first offender and has got no previous criminal history apart from being the only bread earner of his family.
In this situation, while maintaining the findings of the conviction as recorded by the learned trial Court and affirmed by the learned appellate Court, order of sentence is modified and substantive sentence awarded to the petitioner is reduced to 06 months. However, the sentence as regards fine and default clause is maintained. With the aforesaid modification in the order of quantum of sentence, the petition fails and is dismissed.