SURJIT SINGH @ JIMMY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved against the judgment dated 29.7.2015 passed by learned Additional Sessions Judge, Amritsar whereby appeal against the judgment and order dated 27.8.2013 passed by learned Judicial Magistrate 1st Class, Amritsar was dismissed, the petitioner has filed the present petition.

(2.) An FIR No.14 dated 5.3.2010 under sections 379 and 411 IPC was registered at Police Station D-Division, Amritsar against the petitioneraccused. He was made to face trial for offences punishable under Sections 379, 411 and 473 IPC. However, learned trial Court vide judgment dated 27.8.2013 convicted the petitioner for an offence under Section 411 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and a fine of Rs.500/-. In default of payment of fine, the petitioner was further required to undergo rigorous imprisonment for a period of two months.

(3.) Against the judgment of the trial Court, the petitioner preferred an appeal, but the same was dismissed. Considering the statement of the petitioner that he is a poor man and his father has already expired and having one daughter and an old mother, learned Additional Sessions Judge, Amritsar extended leniency in sentence. Accordingly, the sentence qua offence under Section 411 IPC was modified to the extent for a period of six months and to pay a fine of Rs.500/-. In default of payment of fine, the petitioner was further required to undergo rigorous imprisonment for a period of ten days instead of two months, as awarded by the trial Court.