JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) We have heard the Learned Counsel for the parties.

(2.) The Appellant had been convicted under Sections 307/34, 325/34 and 323/34 and awarded a sentence of three years with fine for the first mentioned offence and to lesser terms of imprisonment for the other offences. As of today he has undergone only one day of the sentence. The impugned order of the High Court was made observing that in view of the compromise entered into between the parties, the sentence on the Appellant would be till the rising of the Court along with a fine of Rs. 10,000/-. This order has been challenged by the Appellant seeking an outright acquittal.

(3.) We had issued notice in this matter on the 19th March, 2007 as to why the sentence awarded to the Appellant by the High Court should not be enhanced, as the said order was completely contrary to all principles of law as it trivialised a serious offence. We, accordingly, set aside the order of the High Court dated 19th October, 2006 and remit the case to the High Court for a fresh decision.