IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.414 of 2003 Date of Decision 26.02.2010 Binder Singh and others ...... Petitioner(s) VERSUS State of Haryana ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.G.S.Sidhu, Advocate, for the petitioners. Mr.Rajiv Malhotra, Addl. Advocate General, Haryana. ***** A.N.JINDAL, J(ORAL): This petition is directed against the judgment dated 04.02.2003, passed by Addl. Sessions Judge, Sirsa, dismissing the appeal of the petitioners against the judgment dated 28.09.1999, passed by Sub Divisional Judicial Magistrate, Dabwali, convicting and sentencing them to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- each under Section 323 read with Section 34 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- each under Section 324 read with Section 34 IPC. Charge against the petitioners was that they, while armed with weapons like Gandasa, iron chains and Lathi, caused injuries to the complainant Tara Singh. The petitioners were charge-sheeted and tried. Ultimately, they were convicted and sentenced accordingly. Their appeal also failed. Without assailing the judgment of conviction, learned counsel for the petitioners has urged for extending some leniency on the quantum of sentence. Even otherwise, on scrutiny of the impugned judgment, no such Criminal Revision No.414 of 2003 -2- illegality much less irregularity was found or was detected which may render the judgment as invalid, therefore, the findings returned by the Courts below regarding conviction stand affirmed. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1995. The petitioners have already suffered a lot of agony due to the pendency of proceedings in the Courts for the last 15 years. As per custody certificates, produced today, the petitioners have already undergone 2 months 8 days of the substantive sentence. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Under these peculiar circumstances, this petition is dismissed with the modification in the sentence to that of already undergone without any alteration in the sentence of fine. Copy of the order be sent to the Chief Judicial Magistrate, Sirsa, for compliance. 26.02.2010 (A.N.Jindal) mamta-II Judge