IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No.1164 of 2003 Date of decision: September 14, 2010 Gurmeet Singh @ Mita and others .. Petitioners Vs. State of Haryana .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Rajiv Godara, Advocate, for the petitioners. Mr. J.S. Rattu, DAG, Haryana for the respondent. A.N. Jindal, J Assailed in this petition is the judgment dated 9.5.2003 passed by the learned Additional Sessions Judge, Sirsa, dismissing the appeal filed by the accused-petitioners (herein referred as 'the accused') against the judgment dated 14.8.1999 passed by the Judicial Magistrate Ist Class, Sirsa, convicting and sentencing them to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- each under Section 325 IPC; rigorous imprisonment for six months and to pay fine of Rs.200/- each under Section 323 IPC. In nutshell, the allegations are that on 8.2.1993, at about 5.30 p.m. Darshan Singh complainant (herein referred as 'the complainant') after getting his bicycle repaired was returning from Jiwan Nagar Chowk towards his farm house. In the meantime, the accused Sadhu Singh was following him. When he reached near the land of Maharaj Ji, the accused Gurmeet Singh, Kesar Singh and Sadhu Singh came from the opposite side. Accused Sadhu Singh exhorted that the complainant should not be allowed to escape. At this, Gurmeet Singh stopped his scooter and inflicted iron rod blow, accused Avtar Singh @ Tara Singh inflicted lathi blow, Kesar Singh inflicted fist blow upon the right eye and another fist blow near the right eye of the complainant. On raising hue and cry by the complainant, Sukhdev Singh brother of the complainant rushed towards the spot, thereupon, the accused fled away. The complainant-injured was removed to the hospital where he was medically examined. On the basis of the aforesaid statement, FIR was registered and investigated. Statements of the witnesses were recorded. The accused were arrested. On completion of the investigation, a Criminal Revision No.1164 of 2003 -2- report under Section 173 Cr.P.C. was submitted in the Court. The accused were charged under Sections 323/325/34 IPC, to which they pleaded not guilty and opted to contest. In order to substantiate the charges, the prosecution examined Darshan Singh complainant (PW1), Sukhdev Singh (PW2), Dr. B.L. Gupta (PW3), HC Dilbag Singh (PW4) and Dr. R.K. Bishnoi (PW5). When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. The trial ended in conviction of Gurmeeet Singh, Sadhu Singh and Kesar Singh. The appeal filed by them also failed. Accused Avtar Singh @ Tara Singh was declared proclaimed offender during trial. At the very outset, without assailing the findings of conviction, learned counsel has submitted that they being the first offenders and having already undergone more than three months each out of the substantive sentence, must be extended some leniency. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. No illegality much less irregularity or perversity has been detected or pointed out warranting interference by this Court. As such, findings of fact returned by both the courts below regarding the guilt of the accused are maintained. Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 1993 and the accused have already suffered a lot due to the protracted proceedings pending against them since then. They have already undergone more than three months each of the substantive sentence. No bad antecedents have come on record in order to dub them as habitual offenders. As such, I am of the considered opinion that ends of justice would be met if some leniency is extended to them. Consequently, this petition is dismissed with the modification in the sentence to that of already undergone by them without alteration in the sentence of fine. September 14, 2010 (A.N. Jindal) deepak Judge