JAGWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted for the offence under Section 326, Indian Penal Code, and sentenced to nine months rigorous imprisonment and a fine of Rs. 1,000 or in default to undergo further six months, rigorous imprisonment by the learned Additional Sessions Judge, Barnala. He has challenged his conviction and sentence by way of this appeal.

(2.) MR . Ajmer Singh, learned counsel for the appellant, has not addressed on merits but canvassed that the appellant is a first offender, that he has already undergone 3 -1/2 months of his substantive sentence, has also paid the fine and is on bail and that lenient view way be taken in the matter of sentence.

(3.) I have perused the record. The appellant was about 19 years of age at the time of the commission of the offence. He is a first offender and there is nothing on the record against his character and antecedents. He is on bail. He caused only one injury to Buta Singh injured PW. The occurrence took place on 18th February, 1981, all of a sudden. In my view no useful purpose would be served to send him back to prison again to undergo the unexpired period of his sentence and the ends of justice will be amply met if the sentence of rigorous imprisonment is reduced to that already undergone but the sentence of fine is maintained. It is ordered accordingly and directed that the fine, if realized, shall be paid to Buta Singh injured PW who be informed.