IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. R. No. 1985 of 2005 Date of decision: 11.8.2010 Balbir Singh and another … Petitioners versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. G.S.Chahal, Advocate, for the petitioners Mr. B.S.Sra, Addl. AG Punjabs … ARVIND KUMAR, J: Custody certificates, filed in Court, are taken on record. The petitioners were tried by the Court of Sub Divisional Judicial Magistrate, Phul, under Sections 323/326/34 IPC on the allegation that on 29.6.1999 they caused injuries, including grievous, to Darshan Singh when he along with his brother Major Singh was working in the fields. On conclusion of trial, the learned trial Court held both the accused-petitioners guilty and convicted Balbir Singh for an offence under Sections 323, 326/34 IPC and Sukhcharan Singh for an offence under Sections 326, 323/34 IPC. For offence under Section 323 IPC, accused Balbir Singh was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo RI for one month while under Section 326/34 IPC he was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.3000/- and in default of payment of fine to further undergo RI for one month. As regards accused Sukhcharan Singh, under Section 326 IPC he was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.3000/- and in default of payment of fine to further undergo RI for one month while under Section 323/34 IPC, he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- and in Crl. R. No. 1985 of 2005 -2- default of payment of fine, to further undergo RI for one month. All the sentences were, however, directed to run concurrently. On appeal, the lower appellate Court upheld the judgment of the trial Court. Hence, the present revision. I have heard the learned counsel for the parties. Counsel for the petitioners has not touched the case on merits and has prayed for only reduction of sentence of the accused- appellants. The petitioners are stated to have already undergone sentence for more than seven months and have suffered the agony of protracted trial for the last eleven years. Counsel has pointed out that there is nothing to suggest that they are previous convicts or repeated the offence after having been released on bail and has left them at the mercy of the Court. Keeping in view the fact that petitioners have faced the agony of protracted trial for the last eleven years and there is nothing to suggest of their repeating the offence and have left themselves at the mercy of the Court, their conviction stands maintained but their sentence is reduced to the period already undergone; however, subject to deposit of compensation of Rs.25,000/- each by both of them, within three months before the trial Court for being disbursed to the injured Darshan Singh. As regards the fine so imposed, the same stands maintained. It is made clear that in case the amount of compensation as stated above is not deposited by the petitioners within the stipulated time, the present revision shall be deemed to have been dismissed. With the above modification in the sentence, the instant revision stands disposed of. August 11, 2010 ( ARVIND KUMAR ) JS JUDGE