Criminal Revision No.550 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.550 of 2004. Date of Decision : 8.3.2011. Jagir Singh & another ...... Petitioners Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Vinod Arya, Advocate, for the petitioner. Mr. Ranvir S. Chauhan, DAG, Punjab, for the respondent-State. NAWAB SINGH J.(ORAL) This revision is directed against the judgment dated February 19th, 2004 passed by Additional Sessions Judge, Kapurthala affirming the judgment of conviction and order of sentence dated February 4th, 2003 of Judicial Magistrate First Class, Phagwara, whereby, petitioners were convicted and sentenced as under:- Offence Sentence Fine In default 323 IPC RI for 6 months Rs.500/- RI for 1 month 325 IPC RI for 2 years Rs.1000/- RI for 2 months Both the sentences were ordered to run concurrently. 2. In this case, the occurrence took place on September 19th, 1998 in village Khalwara, District Kapurthala in which Resham Singh received injuries on his nose and eye. The daughters of Jagir Singh and Amarjit Singh-petitioners viz. Sarabjit Kaur alias Pinky and Punam were married with Balwinder Singh and Wazir Singh respectively. Balwinder Singh and Wazir Singh are brothers and brothers-in-law of Resham Singh. There was a matrimonial dispute between the couples. A Panchayat was Criminal Revision No.550 of 2004 2 convened in the house of Harbhajan Singh, Sarpanch of village Khalwara. Resham Singh also reached there. While he was proceeding to attend the Panchayat, the petitioners caused injuries to him. The injury of nose was opined to be grievous and that of eye was simple in nature. 3. At the outset, learned counsel for the petitioners submits that the petitioners do not challenge the judgments of conviction and only prays for reduction of sentence to the period already undergone, that is, two months. 4. The grounds pleaded are that, (i) both the petitioners are in their 60s; (ii) Jagir Singh is patient of paralysis and Amarjit Singh is an ex-serviceman; (iii) the occurrence took place in the heat of passion. Even as on date, their daughters are residing with them. The son-in-law of Jagir Singh has expired and Sarabjit Kaur is dependent upon him. The matrimonial dispute between daughter of Amarjit Singh has yet not been decided. His son-in-law is in Australia and there is nobody to look after his daughter Punam and her son. They are dependent upon him. 5. Taking into consideration the above noted facts and circumstances and particularly the injury on the person of Resham Singh, this Court maintains the conviction of the petitioners but reduces their sentence to the period already undergone by them. However, the sentence of fine shall remain intact. 6. The revision is accepted partly as indicated above. (NAWAB SINGH) JUDGE 8.3.2011. SN