KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed after loosing the battle before the two courts below. The petitioner was convicted and sentenced by Sub Divisional Judicial Magistrate, Hansi vide its judgment dated 5.9.2000 to undergo RI for a period of six months and to pay a fine of Rs. 1000/ - failing which he shall have to further undergo RI for one month for an offence punishable under Section 16(1)(a)(i) read with Section 7 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). Against the judgment of conviction and order of sentence passed by the trial Court, an appeal before Additional Sessions Judge, Hisar was filed, which was also dismissed on 22.11.2005.

(2.) ALTHOUGH learned counsel for the petitioner has raised his arguments on merit but ultimately he has restricted his prayer qua to the quantum of sentence. Learned counsel for the petitioner contends that the petitioner has already undergone more than three and a half months of actual sentence against the total sentence of six months and he is not a habitual offender. Learned counsel further contends that the petitioner has faced the agony of trial since the lodging of complaint i.e. 16.12.1993 and no other case of similar nature is pending against him. He has a large family to support, whereas, he is having limited sources of income to support his family. To support his argument, he has also relied upon the judgment of Hon'ble Apex Court in Nand Lal Vs. State of Uttarakhand and another : 2010(5) JT 405 and of this Court in Jagdish Vs. State of Haryana, 2012(2) RCR (Criminal) 229.

(3.) HEARD the arguments advanced by learned counsel for the parties and have also gone through the documents available on the file.