2008 INSC 0127
                                    SUPREME COURT OF INDIA

                                                   Shiv Lal

                                                      Vs.

                                              State of Haryana

                                           Crl.A.No.137 of 2008

                                     (C.K. Thakker and D.K.Jain,JJ.)

                                                 18.01.2008

                                                   ORDER

1. Leave granted.

2. We have heard learned counsel for the parties.

3. 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.

4. The learned counsel for the appellant stated that so far as the conviction under Section
307, IPCis 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 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.

5. 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.

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

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