IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Revision No. 1573 of 2010 Date of decision: 8.7.2010 Bohar Singh and another ......Petitioners Vs. State of Punjab ...Respondent CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr.B.S.Bhalla, Advocate, for the petitioners. Mr.Ranbir Singh Rawat, A.A.G.Punjab. **** ORDER The present revision petition has been filed against judgment dated 19.5.2010 passed by Addl. Sessions Judge, Moga vide which the appeal filed by the petitioners against judgment of conviction and order of sentence dated 24.8.2007 of JMIC, Moga has been dismissed and the sentence imposed was reduced from 1 year RI to 4 months RI with a fine of Rs.200/- each and in default of payment thereof, RI for 1 month under Section 325, 325/34 IPC and from 6 months to 2 months under Section 323, 323/34 IPC. Notice of motion was issued in the application as well as in revision on 27.5.2010. Learned counsel for the petitioners has not contested the conviction and submitted that the petitioners have already undergone more than 2-1/2 months' of actual sentence against the total sentence of 4 months and they have already suffered a lot as they are facing the agony of Crl.Revision No. 1573 of 2010 [2] protracted trial for the last approximately 8 years and being poor persons having no criminal background, the sentence imposed upon the petitioners be reduced to the period already undergone by them. Learned counsel for the State has also not controverted the submissions made by the learned counsel for the petitioners. The present case was registered on the basis of statement made by complainant Sukhchain Singh son of Lachhman Singh under Sections 325/323/34 IPC against the present petitioners and they were charge- sheeted accordingly by the trial Court to which they pleaded not guilty and claimed trial. After recording evidence from both sides, the learned trial Court while convicting the petitioners under Section 325, 325/34 IPC sentenced them to undergo RI for 1 year with a fine of Rs.200/- each and in default of payment thereof, RI for 1 month and under Section 323, 323/34 IPC RI for 6 months. The petitioners filed appeal before the Additional Sessions Judge, Moga who vide judgment dated 19.5.2010 upheld the conviction and reduced the sentence from 1 year RI to 4 months under Section 325, 325/34 IPC and from 6 months to 2 months under Section 323, 323/34 IPC. The present petition has been filed against the judgment of Addl. Sessions Judge, Moga. I have heard the submissions made by the learned counsel for the petitioners as well as learned counsel for the State. Without saying much more on merits of the case, since the learned counsel for the petitioners has not contested the conviction of the petitioners and has restricted his prayer to the sentence part only with the Crl.Revision No. 1573 of 2010 [3] submission that sentence be reduced to the period already undergone by them as they have already undergone more than half of the total sentence imposed. The petitioners have undergone more than 2-1/2 months of actual sentence against the total sentence of 4 months. Keeping in view the fact that the petitioners are first offenders having no criminal background and have already undergone more than 2- 1/2 months' of actual sentence against the total sentence of 4 months and have faced the agony of protracted trial since September 2002, the prayer of the petitioners is allowed. Under these circumstances, while maintaining the conviction of the petitioners under Sections 325,325/34 and 323, 323/34 IPC, the sentence awarded to them is reduced to the period already undergone by them. With above modification, the revision petition is disposed of. (DAYA CHAUDHARY) JUDGE July 8, 2010. raghav