LAWS(DLH)-2019-4-247

MISTER Vs. STATE

Decided On April 12, 2019
Mister Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Petitioner impugns the judgment dated 20.09.2018 whereby the appellate court has dismissed the appeal of the petitioner impugning the judgment of conviction dated 08.06.2018 and order on sentence dated 21.06.2018 whereby petitioner has been convicted for the offence under Section 457 (Part-II)/34 of IPC as well as Sections 380/511/34 of IPC. Petitioner has been sentenced to undergo the rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- for the offence under Section 457(Part-II)/34 of IPC and to rigorous imprisonment for a period of one year and fine of Rs.10,000/- for the offence punishable under Sections 380/511/34 of IPC and in default of payment of fine, to undergo simple imprisonment of one month each.

(2.) Petitioner impugns the above order to the limited extent of reducing the sentence to the period already undergone. It is submitted by learned counsel for petitioner that the co-accused, who had been ascribed an identical role and awarded identical punishment, has been given the benefit of further reduction of sentence by the appellate court by its judgment dated 19.01.2019 and has since been released.

(3.) Learned counsel for the petitioner submits that as the role ascribed to both the petitioner and the co-accused is identical and they were identically punished, petitioner should also be granted the same benefit.