SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Revision Petition has been filed by Santokh Singh, son of Wasawa Singh, in the circumstances which are these. The petitioner Santokh Singh along with his co-accused Karan Singh was tried and convicted by the Judicial Magistrate First Class, Dasuya, under section 61(1)(a) of the Punjab Excise Act, and each one of them was sentenced to two years Rigorous Imprisonment and a fine of Rs. 2000/-. In default of payment of fine, they were ordered to undergo further Rigorous Imprisonment for six months each. It transpires from the record of the connected case which is available in Court that Karan Singh co-accused of the petitioner filed an appeal against his conviction which was dismissed by the Sessions Judge, Hoshiarpur, on December 10, 1984. Karan Singh preferred a Revision Petition against his conviction and sentence, in this Court (Criminal Revision No. 222 of 1985) which was partly accepted to the extent that though his conviction under section 61(1)(a) of the Punjab Excise Act was maintained his sentence was reduced to six months Rigorous Imprisonment. The sentence of fine of Rs. 2000/- was, however, maintained. In default of payment of fine, the said accused was ordered to undergo further Rigorous Imprisonment for three months.

(2.) IN the meanwhile, the appeal filed by Santokh Singh petitioner was dismissed by the Additional Sessions Judge, Hoshiarpur, on December 14, 1985. The present Revision Petition is, therefore, directed against the concurrent decision of two Courts below.

(3.) IN so far as the sentence is concerned, it has been rightly pointed out that the incident in question pertains to February 13, 1983 i.e. about three years ago. Since then, the petitioner had faced the agony of a protracted trial and appeal. The petitioner is a first offender. Furthermore, there is force in the contention of the learned counsel that in the circumstances of the matter, the case of the petitioner should not be differentiated from that of his co-accused in regard to the imposition of penalty. Accordingly, the sentence of the petitioner which appear to be quite severe, is reduced to six months Rigorous Imprisonment. The sentence of fine of Rs. 2,000/- is, however, maintained. In default of the payment of fine, the petitioner shall undergo further Rigorous Imprisonment for three months.