CRR No. 721 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No. 721 of 2011 (O&M) Date of decision: 20.5.2011 Surender ........ Petitioner Versus State of Haryana ........ Respondent CORAM: HON'BLE MR.JUSTICE JORA SINGH Present: Mr. P.R. Yadav, Advocate, for the petitioner. Mr. Raja Sharma, AAG, Haryana. Mr. Vipul Aggarwal, Advocate, for the complainant. JORA SINGH, J. CRM No. 17027 of 2010 Learned counsel for the petitioner submits that the instant application for suspension of sentence of the petitioner during the pendency of the instant revision petition be dismissed as withdrawn because the parties have effected compromise. Ordered accordingly. CRR No. 721 of 2011 Surender, preferred this revision to challenge the judgment of dated 9.3.2011, passed by the learned Additional Sessions Judge, Gurgaon, in Criminal Appeal No. 34 of 2010. By the said judgment, appeal against the judgment of CRR No. 721 of 2011 (O&M) -2- conviction and order of sentence rendered by the learned Judicial Magistrate Ist Class, Gurgaon, was dismissed. FIR No. 260 dated 24.12.1998, under Sections 323/324/ 325/326/506/34 of the Indian Penal Code, Police Station Pataudi, District Gurgaon, was registered against Kiliya Ram and others on the allegation that on 24.12.1998, at about 12.30 p.m., accused had caused injuries to Dharampal complainant. After the occurrence, Dharampal was shifted to hospital where he was medico-legally examined. In view of the statement of Dharampal, formal FIR was registered. After completion of investigation, challan was presented in Court. Accused were charge-sheeted under Sections 323/324/ 325/326/506/34 of the Indian Penal Code, to which they pleaded not guilty and claimed trial. In order to substantiate its case, prosecution examined 7 witnesses namely, PW-1 Dr. Ramesh Kumar, PW-2 SI Charan Singh, PW-3 ASI Atma Ram, PW-4 Dr. D. Bhatnagar, PW-5 Dharampal, PW-6 Lal Singh and PW-7 Dr. Karam Chand. After close of the prosecution evidence, statements of accused under Section 313 Cr.P.C. were recorded. Accused denied all the allegations of the prosecution and pleaded to be innocent. After hearing learned APP for the State, learned defence counsel and from the perusal of evidence available on the file, Surender-petitioner and co-accused Khiliya Ram, were convicted and sentenced under Sections 323/324/326/506/34 IPC. Co-accused namely Ashok Kumar, was declared proclaimed offender whereas Siri Bhagwan, had died during the pendency of the trial. CRR No. 721 of 2011 (O&M) -3- As per impugned judgment, Khiliya Ram was ordered to be released on probation with a direction to deposit ` 20,000/- payable as compensation to Dharampal. The instant revision petition is filed on behalf of Surender S/o Khiliya Ram. Learned counsel for the petitioner argued that petitioner is in custody w.e.f. 9.3.2011. Grievous injury was attributed to Siri Bhagwan. Siri Bhagwan, had died during the pendency of the trial. Surender had caused only simple injuries but under Sections 326/34 IPC, sentence of Surender was reduced to two years from three years. Learned counsel for the petitioner further argued that only simple injury was attributed to the petitioner and he is the son of Khiliya Ram who was ordered to be released on probation by the Ist Appellate Court. Petitioner is ready to compensate the injured. Learned State counsel argued that in view of the compromise amongst the parties, there is no objection, if lenient view is taken. Injured Dharampal, is present in Court and states that he has no objection, if lenient view is taken, provided a sum of ` 30,000/- is paid by the petitioner as compensation. Petitioner was 45 years old at the time of occurrence. Only simple injury was attributed to the petitioner. Accused is in custody w.e.f 9.3.2011. Only one grievous injury was noticed on the person of respondent-complainant, present in Court and the injury was attributed to Siri Bhagwan (deceased). In the light of above discussion, impugned judgment is upheld on the point of conviction. As discussed earlier, only one CRR No. 721 of 2011 (O&M) -4- grievous injury was noticed on the person of injured and injury was caused by Siri Bhagwan (deceased). Present petitioner was armed with dang. Petitioner is in custody w.e.f. 9.3.2011. During the trial also petitioner remained in custody for some days. Petitioner is ready to compensate the injured. So, keeping in view the facts and circumstances of the case, petitioner is directed to undergo imprisonment already undergone (2 months and 13 days). He is further directed to deposit ` 30,000/- more as fine, payable to the injured as compensation. For the reasons recorded above, revision petition without merits is dismissed with modification on the point of sentence. Petitioner is in custody. Registry, is directed to issue release warrants of the petitioner. May 20, 2011 ( JORA SINGH ) rishu JUDGE