Crl. Revision No. 834 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 834 of 2011 (O&M) Date of Decision : May 20, 2011 Puran Singh and others ...... Petitioners Versus State of Punjab ...... Respondent **** CORAM : HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present : Mr. K.S. Sidhu, Advocate for Mr. S.P.S. Sidhu, Advocate, for the petitioners. Ms. Bhawana Gupta, DAG, Punjab. **** Alok Singh, J (Oral) Petitioner Balwinder Singh was found guilty and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of ` 200/- for the commission of offence under Section 326 of Indian Penal Code and in default of payment of fine to further undergo rigorous impris- onment for 7 days. He was further sentenced to undergo rigorous imprison- ment for a period of one year for the commission of offence under Section 324 of Indian Penal Code. He was further sentenced to undergo rigorous im- prisonment for a period of three months for the commission of offence un- der Section 148 of Indian Penal Code. He was further sentenced to undergo Crl. Revision No. 834 of 2011 (O&M) 2 rigorous imprisonment for a period of six months for the commission of of- fence under Section 323/149 of Indian Penal Code. Petitioner Bikkar Singh was found guilty and sentenced to undergo rigorous imprisonment for a pe- riod of two years and to pay a fine of ` 200/- for the commission of offence under Section 326/149 of Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 7 days. He was further sentenced to undergo rigorous imprisonment for a period of one year for the commission of offence under Section 324/149 of Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for a period of three months for the commission of offence under Section 148 of Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for a pe- riod of six months for the commission of offence under Section 323 of In- dian Penal Code. Petitioner Puran Singh was found guilty and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of ` 200/- for the commission of offence under Section 326/149 of Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 7 days. He was further sentenced to undergo rigorous im- prisonment for a period of one year for the commission of offence under Section 324/149 of Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for a period of three months for the commission of offence under Section 148 of Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for a period of six months for the com- mission of offence under Section 323/149 of Indian Penal Code. Petitioners Beant Singh and Kulwant Singh were found guilty and sentenced to un- dergo rigorous imprisonment for a period of two years and to pay a fine of ` 200/- for the commission of offence under Section 326/149 of Indian Penal Code and in default of payment of fine to further undergo rigorous impris- Crl. Revision No. 834 of 2011 (O&M) 3 onment for 7 days. They were further sentenced to undergo rigorous impris- onment for a period of one year for the commission of offence under Sec- tion 324/149 of Indian Penal Code. They were further sentenced to undergo rigorous imprisonment for a period of three months for the commission of offence under Section 148 of Indian Penal. They were further sentenced to undergo rigorous imprisonment for a period of six months for the commis- sion of offence under Section 323/149 of Indian Penal Code by Judicial Magistrate, 1st Class, Ferozepur, vide order dated 17.8.2007. Aggrieved by the same, accused/revisionists preferred appeals and the sentences were af- firmed by learned Additional Sessions Judge, Ferozepur vide judgment dated 30.3.2011. Learned counsel for the petitioners states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 148,149,323,324,326 of Indian Penal Code. Learned counsel has argued that this Court may enhance the fine and may consider to reduce the sentences for the period already undergone. Ms. Bhawana Gupta, Deputy Advocate General, Punjab, states that petitioners/revisionists are the first time offender and no other criminal case is pending against them. He further submits that the petitioners/accused have already undergone more than two months. I have heard learned counsel for the parties and have perused the record. The present case was registered against the petitioners for of- fence punishable under Sections 148,149,323,324,326 of Indian Penal Code. The sword of Damocles is not to hangover the head of the petitioners for all times to come. They have suffered mental agony due to registration of this criminal case against them. The petitioners have already undergone sentence for more than two months in this case. In the opinion of this Court, Crl. Revision No. 834 of 2011 (O&M) 4 no useful purpose shall be served in keeping the petitioners in jail in the company of hard core criminals; reducing the sentence for the period al- ready undergone and enhancing the fine/compensation as envisaged under Section 357 Cr.P.C. seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, fine imposed upon the petitioners is enhanced to ` 10,000/- each (total ` 50,000/-) over and above the fine already imposed by the Trial Court. The petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court, which shall be payable to the injured. It is made clear that in case enhanced amount of fine/compensation is not deposited, as di- rected above, this revision petition shall be deemed to have been dismissed. With above mentioned modification in the matter of sentence, this revision petition stands disposed of. (Alok Singh) Judge May 20, 2011 Anand