JUDGEMENT
NARESH KUMAR SANGHI, J. -
(1.) CHALLENGE in this criminal revision petition is to the judgment dated 12.12.2013, passed by the learned Additional Sessions Judge, Amritsar, whereby the appeal filed by the petitioner challenging his conviction and
sentence for the offence punishable under Section 382 read with Section
34, IPC, recorded by the learned Judicial Magistrate Ist Class, Amritsar, was partly allowed, inasmuch as, while upholding the findings recorded by
the learned Trial Court with regard to the conviction, the sentence was
modified as under: -
Under Section Sentence (R.I.) Fine In Default (R.I.) 382 r/w Section 34, IPC 2 years Rs. 500/ - 2 1/2 months
(2.) AT the very outset, learned counsel for the petitioner submits that both the learned Courts below have upheld the conviction of the
petitioner for the offence punishable under Section 382 read with Section
34, IPC, therefore, he does not challenge the conviction of the petitioner, however, the sentence of rigorous imprisonment for two years
besides payment of fine of Rs. 500/ - and in default thereof to undergo
further rigorous imprisonment for 2 1/2 months, was on higher side.
In response to the notice issued to the respondent State, Mr. K.S. Pannu, Deputy Advocate General, Punjab, has put in appearance.
(3.) THOUGH the learned counsel for the petitioner has proposed not to challenge the conviction of the petitioner, but to satisfy the conscience
of this Court, the whole material available on record has been
re -appraised.;
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