LAWS(HPH)-2008-5-48

COURT ON ITS OWN MOTION Vs. YOGINDER SHARMA

Decided On May 26, 2008
COURT ON ITS OWN MOTION Appellant
V/S
Yoginder Sharma Respondents

JUDGEMENT

(1.) This judgment shall dispose of the revision petition whose cognizance was taken by the Court on its own motion.

(2.) BRIEFLY stated the facts of the case are that an appeal was preferred before the learned Sessions Judge, Shimla by the respondent against the judgment of the Court of learned JMIC, Court No. III, Shimla, vide which the respondent was held guilty under Sections 279, 337 and 304 -A IPC and was sentenced to pay fine in the sum of Rs. 500/ - each. The learned Sessions Judge decided the said appeal filed under Section 374 of the Cr.P.C. vide his judgment, dated 14.12.2006, and while disposing of the appeal, he observed that since the sentence imposed by the learned trial Magistrate against the respondent is grossly inadequate, a reference may be made to the High Court to consider the question of enhancing the sentence.

(3.) I have heard the learned Counsel for the parties and have gone through the record of the case.