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CASE NO.: Appeal (crl.)  137 of 2008

PETITIONER: Shiv Lal

RESPONDENT: State of Haryana

DATE OF JUDGMENT: 18/01/2008

BENCH: C.K. THAKKER & D.K. JAIN  

JUDGMENT: JUDGMENT O R D E R

(Arising out of S.L.P.(Criminal) No.5062 of 2007

            Leave granted.

             We have heard learned counsel for the parties.         The appellant herein was acquitted by the Trial Court  for an offence punishable  under Section 307 IPC.  He, was, however, convicted for an offence punishable under  Section 61(1)(a) of Punjab Excise Act, 1961 and was ordered to undergo  rigorous  imprisonment for a period of two years and to pay a fine of Rs.1000/-,  in default of  payment of fine, to undergo further rigorous imprisonment for two months. The High  Court confirmed the said order of conviction.

         The learned counsel for the appellant stated that so far as the conviction under  Section 307, IPC is concerned, it was not challenged by the State and the order had  attained finality.  So far as conviction under the Punjab Excise Act is concerned the  counsel stated that the maximum punishment  

                       :2: imposable for the said offence is three years.  He also stated that the appellant had  suffered serious injuries due to  air crash and even now his physical condition is not  well and is undergoing treatment.  An affidavit to that effect is also filed.  Necessary  material in the form of  photographs and medical certificate are also produced.  He  further stated that the appellant has remained in jail for 159 days till today.  

        On considering the facts and circumstances in their entirety, in our opinion, ends  of justice would be met if we hold that the sentence suffered by the appellant is held  adequate.  The appellant is ordered to be released forthwith if he is not required in  connection with any other case.  We order accordingly.

       Appeal is, accordingly, allowed to the extent indicated above.