IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.797 of 2005 Date of Decision 08.03.2010 Dara Singh ...... Petitioner(s) VERSUS State of Punjab ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.K.S.Kahlon, Advocate, for the petitioner. Mr.C.S.Brar, Deputy Advocate General, Punjab. ***** A.N.JINDAL, J(ORAL): The petitioner has assailed the judgment dated 12.03.2005, passed by Addl. Sessions Judge, Amritsar, dismissing his appeal against the judgment dated 18.03.2004, passed by Sub Divisional Judicial Magistrate, Baba Bakala, convicting and sentencing him to undergo rigorous imprisonment for a period of 1½ years and to pay a fine of Rs.5,000/- under Section 61 (1)(c) of the Punjab Excise Act. However, in appeal, the sentence was reduced to one year. The allegations against the petitioner are that he was apprehended while operating the working still and thereby distilling illicit liquor in his house. The lahan and illicit liquor were recovered from his possession. He was charged, tried and ultimately convicted and sentenced accordingly. His appeal also failed. Without assailing the judgment of conviction, learned counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Even otherwise, on scrutiny of the impugned judgment, the evidence, as examined by the prosecution, appears to have been appreciated Criminal Revision No.797 of 2005 -2- in the right perspective. No such illegality much less irregularity or perversity was detected rendering the judgment as invalid, therefore, the findings of fact returned by the Courts below regarding conviction do not call for any interference at this revisional stage. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 2000. The petitioner has already suffered a lot of agony due to the pendency of proceedings in the Courts since then. He has already undergone about one month and 20 days of the substantive sentence. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone. However, the sentence of fine is enhanced to Rs.10,000/-, to be paid within three months from today, failing which, he would be ready to serve remaining part of sentence. Copy of the order be sent to the Chief Judicial Magistrate, Amritsar, for compliance. (A.N.Jindal) Judge 08.03.2010 mamta-II