LAWS(SC)-1981-1-8

KRISHAN LAL ALIAS BADA Vs. STATE DELHI ADMINISTRATION

Decided On January 16, 1981
KRISHAN LAL ALIAS BADA Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) The appellant was convicted under Section 37 of the Arms Act and also under Section 397 read with Section 34 of the Penal Code and sentenced to suffer rigorous imprisonment for one and a half years and seven years respectively. He was also directed to pay a fine of Rs. 200 for the offence under Section 397 and in default to suffer rigorous imprisonment for one month.

(2.) Having considered the facts and circumstances of the case, we think that the second offence really falls under Section 392 of the Penal Code. We alter the conviction accordingly and reduce the sentence to rigorous imprisonment for three years. The appeal is allowed to the extent indicated above.