The appellant who was an A.S.I. Of Police was convicted by the learned Sessions Judge of Toba Tek Singh on 11-10-1984 for the commission of an offence punishable under section 228, P.P.C. And was sentenced to three months' S.I. Therefor.
2. The appellant is present in person and states that in pursuance of the sentence awarded by the learned Sessions Court, he remained in jail for about ten days till the sentence recorded against him was suspended; that he remained suspended from service for about two months and that the punishment already suffered by him is sufficient to serve the ends of justice and for the correction of his conduct in future.
3. The appellant has thrown himself at the mercy of this Court and tenders unconditional apologies and after expressing sincere remorse undertakes to be careful in future.
4. Submits that he does not want to contest the conviction recorded against him but would, in the circumstances, only pray that the severity of the sentence imposed on him be reduced.
5. Since the conviction of the petitioner has been recorded under section 228, P.P.C. The tendering of unconditional apologies and expressing remorse cannot assist the appellant in the annulment of the conviction recorded against him but the same can obviously be taken into consideration as a mitigating circumstance in determining the quantum of punishment.
6. In view of the fact that the appellant has remained suspended from service, has remained in jail and in view of the unconditional apologies tendered by him and his commitment to be careful in future, the sentence of imprisonment of three months' S.I. Imposed on the petitioner is set aside and he is instead sentenced only to pay a fine of Rs.500 or to suffer one month's S.I. In default of payment of the said fine.
7. The appellant is allowed fifteen days time to pay the fine imposed on him and if the same is so paid within the said time then he shall stand set at liberty after being discharged from his bail/surety bonds and in case of his failure to deposit the amount of fine as directed, he shall be taken into custody to undergo the imprisonment directed in default of payment of the said fine.
8. This appeal is thus disposed of with the result that the conviction recorded against the petitioner under section 228, P.P.C. Is maintained but the sentence of imprisonment is remitted and instead he is sentenced to a fine of Rs.500 as abovementioned.