LACHHMI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was charged under sections 120B, 406 and 408, Indian Penal Code, along with his son Chattar Pal. The trial court convicted both of them and sentenced each to undergo rigorous imprisonment for one year with a fine of Rs. 1,000/- under Section 120B, Chattar Pal was convicted under Section 406 Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1,000/-, in default of payment of which he was ordered to undergo further simple imprisonment for three months. The present petitioner was further convicted under Section 408, Indian Penal Code and sentenced to undergo rigorous imprisonment for two years with a fine of Rs. 2,000/- in default of payment of which, he was further ordered to undergo simple imprisonment for six months. An appeal was filed by both of them. The appeal of Chattar Pal was accepted in toto and he was acquitted. The petitioner was acquitted of the offence under Section 120B, Indian Penal Code, but was convicted under Section 408 whereunder his sentence was reduced to nine months' and the fine was reduced from Rs. 2,000/- to Rs. 1,000/- in default of payment of which simple imprisonment for three months was ordered. The petitioner has challenged the order of the appellate court, ultimately convicting and sentencing him as mentioned above.

(2.) NOTICE , however, was issued on the question of sentence alone.

(3.) CONSIDERING the above facts and circumstances, I consider it to be a fit case to reduce the sentence of nine months' rigorous imprisonment to that already undergone which comes to about 23 days in all. I order accordingly while upholding the conviction, and also order that the petitioner shall pay a fine of Rs. 2,000/- instead of Rs. 1,000/-. In default of payment of fine the petitioner shall suffer six months' simple imprisonment further. It is further directed that out of the fine, an amount of Rs. 1,000/- shall be paid to the Society. In case the amount of Rs. 2,000/- in compliance with the order of the trial court, stands deposited in that court, the said amount of Rs. 1,000/- out of its shall be paid to the Society.