IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No.1907 of 2001 Date of decision: September 24, 2010 Rattan Singh and others .. Petitioners Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. M.S. Rakkar, Sr. Advocate with Mr. Kuljinder Singh Sra, Advocate for the petitioners. Mr. Amit Chaudhary, AAG, Punjab for the respondent. Mr. V.S. Rana, Advocate for the complainant. A.N. Jindal, J The trial court vide judgment dated 28.4.1999, convicted and sentenced all the accused-petitioners namely Rattan Singh, Manjit Singh, Jito and Harpal Kaur to undergo rigorous imprisonment for two years and to pay fine of Rs.250/- each under Section 326 read with Section 34 IPC; and rigorous imprisonment for six months under Section 323 IPC. During appeal, the Appellate Court, vide judgment dated 24.7.2001 had converted the offence from Section 326 to 325 IPC. Consequently, Jito and Harpal Kaur were ordered to be released on probation, whereas, the remaining accused namely Rattan Singh and Manjit Singh were ordered to undergo rigorous imprisonment for six months and to pay fine of Rs.250/- each under Section 325 read with Section 34 IPC. However, the sentence awarded under Section 323 IPC was kept intact. Though, all the four accused preferred the revision petition, but learned counsel does not press the petition qua Jito and Harpal Kaur as their period of probation has already been over. He has further submitted that Rattan Singh has already died. In this regard he has produced photo copy of the death certificate issued by the Registrar, Births & Deaths, Headquarter, Nawanshahar which reveals that he had expired on 3.12.2007. As regards Manjit Singh, he has submitted that he has already undergone the entire sentence. It has also been submitted that actually both the accused, namely Criminal Revision No.1907 of 2001 -2- Rattan Singh and Manjit Singh, have undergone the entire sentence awarded to them and they had been released from the jail after considering the remissions. Even otherwise, after hearing the arguments raised by the learned counsel for the petitioners as well as the learned State counsel, this Court is of the considered opinion that the evidence has been appreciated in the right perspective by both the courts below. No illegality much less irregularity or perversity has been pointed out so as to form an opinion that it has resulted into miscarriage of justice. For the aforesaid reasons, this petition is dismissed. However, before issuing warrants of arrest, Chief Judicial Magistrate, Nawanshahar, would verify the accused have already already undergone their entire sentence and other facts also. September 24, 2010 (A.N. Jindal) deepak Judge