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2015 DIGILAW 1249 (PNJ)

RINKU ALIAS BILLA v. STATE OF PUNJAB

2015-07-09

MAHESH GROVER

body2015
JUDGMENT : Mahesh Grover, J. The petitioner impugns the judgment/order dated 16.9.2014 of the J.M.I.C., Ludhiana and that of the Additional Sessions Judge, Ludhiana dated 20.2.2015 vide which he was convicted under Sections 25/54/59 of the Arms Act and sentenced to undergo RI for one year and to pay a fine of Rs. 500/-, as he was found to be in possession of Khanjar on being apprehended by the police on suspicion on 11.2.2012. Even though the petitioner denied the allegations against him, but he did not adduce any evidence in defence leading to his conviction and sentence as recorded above. 2. Learned counsel for the petitioner at the very outset contends that he does not wish to impugn the decision on merits, but confines his prayer to a lenient view regarding the quantum of sentence. He states the petitioner has already undergone 5 months of actual sentence out of the total sentence of one year awarded to him and has produced the custody certificate also. 3. He has placed reliance on earlier precedents of this Court in Kirpal Singh v. State of Punjab 2009(1) A.I.C.L.R. 243 and Jagdeep Singh alias Neetu v. State of Punjab 2013(2) Law Herald 1849. 4. On due consideration of the matter and noticing the fact that the petitioner has already undergone 5 months of actual sentence out of the total sentence of one year and also noticing the fact that he is the first offender and there is no previous case registered against him, I deem it appropriate to accept the prayer of the petitioner in view of the earlier precedents of this Court mentioned above and reduce the sentence of the petitioner to the extent already undergone by him. However, the fine component is enhanced to Rs. 5000/- to be deposited by the petitioner in the Treasury within a period of three months from today. 5. Petition stands disposed of.