ISHWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Revision has been preferred by the accused petitioner against a judgment dated 23.3.2005 passed in Crl.Appeal No. 157 of 5.11.2004 by learned Additional Sessions Judge, FTC, Ferozepur, affirming judgment and order of learned Chief Judicial Magistrate, Ferozepur dated 1.11.2004 convicting the accused -petitioner under Section 326 IPC and sentencing him to RI for five years with a fine of Rs. 1,000/ -. However, it is stated at the out -set that the petitioner prays for relief only on the quantum of sentence.

(2.) BRIEF facts of the case, as set out in the judgment of learned trial Magistrate in para No.2, on reproduction, read as under: -

(3.) ON due consideration, looking to the circumstances of the case that the accused -petitioner was charged and convicted only under Section 326 IPC and that in a feeling of remorse, he confessed the commission of offence and has pleaded leniency only on the quantum of sentence, I partly allow this criminal revision. However, I have also carefully considered the findings of learned Courts below on conviction and they appear to have been rendered after proper appreciation of evidence. Thus, Criminal Revision No.812 of 2005 succeeds in part to the extent that the sentence of five years' RI of petitioner Ishwar Prahar is reduced to the period already undergone, which is three years, five months and sixteen days. However, the judgment of conviction is hereby affirmed. Thus, petitioner Ishwar Prahar son of Shamsher Singh shall be released forthwith on receipt of a copy of this order if not wanted in any other case.