KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Kartar Singh faced trial in case FIR No.38 dated 26.03.2001 for offence under Sections 307 and 450 of Indian Penal Code and Section 27 of Arms Act registered at Police Station Sangat and was convicted by learned Additional Sessions Judge, Bathinda vide judgment dated 11.06.2003 and was sentenced to undergo RI for a period of three years and to pay fine of Rs. 500 with default clause for offence under Section 450 IPC, RI for a period of five years and to pay fine of Rs. 1000 with default clause for offence under Section 307 IPC and RI for a period of three years and to pay fine of Rs. 500 with default clause for offence under Section 27 of the Arms Act. All the sentences were ordered to run concurrently.

(2.) Said judgment of conviction and order of sentence has been challenged by the appellant before this Court by filing the present appeal by raising various grounds.

(3.) When the Court is not inclined to interfere with the conviction, learned counsel for the appellant submits that he will not contest the conviction, in case, the sentence is reduced to the period already undergone. Learned counsel for the appellant submits that a lenient view be taken as the appellant has faced the agony of trial since registration of FIR i.e., 26.03.2001. Learned counsel for the appellant further submits that the appellant and complainant are brothers and now the appellant is about 68 years of age and is suffering from various ailments and complainant has also expired during the pendency of the proceedings. Learned counsel for the appellant also submits that the appellant is not a habitual offender as no other criminal case is pending against him and is ready to compensate the dependents of the family members of the deceased-complainant in monetary terms.