KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been preferred against the impugned judgment of conviction and order of sentence dated 07.12.2018 passed by Judicial Magistrate, 1st Class, Moga vide which the accused-petitioner was convicted and sentenced as under:

(2.) Learned counsel for the petitioner has fairly submitted that in view of the findings of fact recorded by the learned trial Court, he would not press the instant petition on merits and would instead restrict his prayer qua the sentence only. Learned counsel has submitted that the occurrence pertains to the year 2014 and the petitioner has thus, suffered the agony of trial for almost 06 years and has been fastened with many liabilities ever since the occurrence in question. He has further submitted that the petitioner has been leading a disciplined life and is not involved in any other criminal case. He has thus, prayed that in the facts and circumstances of the case, a lenient view may be taken and the quantum of sentence awarded to the petitioner by the learned trial Court be reduced to already undergone as no useful purpose would be served by sending the petitioner behind the bars.

(3.) Learned State counsel submits that the petitioner has undergone the actual sentence of 03 months and 28 days out of the substantive sentence of one year awarded to him.