Niku Ram vs State of Haryana

Jag Bhushan Garg, J.

Niku son of Basu Ram, resident of village Faridpur, was apprehended on 7.4.1985 by Shri Rameshwar Dutt ASI and a plastic can containing illicit liquor was recovered from his possession and the quantity therein was found to be equivalent to 25 bottles. After relying upon the evidence of PW1 Jai Bhagwan and PW Shri Rameshwar Dutt, the Judicial Magistrate Ist Class, Karnal convicted the accused on 6.5.1989 and sentenced him to undergo R.I. for a period of six months. The accused was also required to pay a fine of Rs. 1000/. The appeal has been dismissed by the Additional Sessions Judge, Karnal on 10.7.1992 and the present revision has been attempted.

Here, the main plea on behalf of the convict is regarding the quantum of sentence,. It has been pointed out that the trial had been going on from April, 1985 and the learned Counsel has referred to Mangal Singh v. The State of Punjab, 1990(3) RCR 564 , where also in similar circumstances, concession was allowed regarding quantum of sentence.

After hearing the learned Counsel for the petitioner and also the learned Counsel for the State of Haryana, it is ordered that since the amount of fine has already been deposited, the period of sentence already undergone by the petitioner is considered enough, in the circumstances of the case, and with this modification, this revision stands disposed of.