PREM CHAND Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was convicted by the Judicial Magistrate, 1st Class, Manali, District Kullu, Himachal Pradesh, and sentenced to undergo three months of simple imprisonment under Section 279, three months of simple imprisonment under Section 337 and six months of simple imprisonment under Section 337 of the Indian Penal Code, 1860 with default stipulations. In appeal filed by the appellant, the Additional Sessions Judge, Fast Track, Kullu, Himachal Pradesh, confirmed the judgment of the Trial Court. This order was challenged by the accused-appellant by filing Criminal Revision No.63/2008 before the High Court of Himachal Pradesh. The High Court by order dated 31.3.2017 confirmed the conviction. However, the sentence of imprisonment imposed upon the appellant under Section 279 IPC was modified from three months simple imprisonment to two months simple imprisonment, under Section 337 IPC from three months simple imprisonment to two months simple imprisonment and under Section 338 IPC from six months simple imprisonment to two months simple imprisonment. The High Court further directed that all the sentences shall run concurrently.

(3.) Learned counsel for the appellant submits that the appellant is a first-time offender. He does not have any criminal background and, therefore, he may be dealt with under Section 360 of the Code of Criminal Procedure, 1973.