IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.380 of 2003 Date of decision: 10th February, 2010 Mehar Snigh alias Ghari … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Saini, Advocate for Mr. R.K. Gupta, Advocate for the petitioner. Ms. Hemlata Balhara, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner was named as accused in case FIR No.170 dated 31.12.1994 registered at Police Station Chhappar under Sections 323/325/452 IPC. In the present case, FIR was lodged on the basis of statement made by Ishar Kaur. On 31st December, 1994, Ishar Kaur after taking her dinner came to the tube-well for retiring to bed. At about 10.30/11.00 p.m. accused Mehar Chand came and asked her to open the door. The accused Mehar Chand used to cultivate the land on Batai (by giving half share of the produce) about two years ago. Ishar Kaur, who was owner of 10 acres of land, had not renewed the lease. Mehar Chand opened the door, came inside the room, gave fist blows and pressed the neck of Ishar Kaur. Except injury No.2, all other injuries were simple in nature. Injury to the tooth was termed as grievous falling under Section 325 Cr.P.C. Ishar Kaur PW-1 was the solitary witness of the occurrence. Criminal Revision No.380 of 2003 The trial Court sentenced the petitioner to undergo rigorous imprisonment for two years under Section 325 IPC and imposed a fine of Rs.1000/-, in default of payment of which petitioner was ordered to undergo simple imprisonment for two months. Petitioner was also sentenced under Section 452 IPC to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, in default of payment of fine to undergo simple imprisonment for one month. Petitioner was awarded three months rigorous imprisonment for offence under Section 323 IPC. Aggrieved against the conviction and sentence, petitioner had filed an appeal. The appellate Court upheld the conviction but reduced the sentence awarded under Section 325 IPC from two years to one year rigorous imprisonment. Counsel for the petitioner has submitted that the petitioner has already undergone about four months of his actual sentence of one year awarded by the lower appellate Court. In the present case, occurrence had taken place in year 1994. Petitioner has suffered mental pain and agony of protracted trial for about 15 years. Furthermore, petitioner was empty handed. He is alleged to have given fist blows, which caused loss of tooth. Taking these factors into consideration, sentence of the petitioner is reduced to already undergone. With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE February 10, 2010 rps 2