Crl.Rev. No. 637 of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 637 of 2003 Date of Decision:August 31,2010 Balwinder Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Madan Sandhu,Advocate for the petitioner. Mr.Amandeep Singh Rai,Assistant Advocate General,Punjab ** Sabina, J. Petitioner-Balwinder Singh was convicted for an offence under Sections 326/323/34 of the Indian Penal Code (`IPC' for short) vide judgment dated 13.12.2000 passed by the Sub Divisional Judicial Magistrate Talwandi Sabo. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/- under Section 326 IPC and was further ordered to undergo rigorous imprisonment for a period of six months under Sections 323/34 IPC . All the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed with the modification by the Additional Sessions Judge Crl.Rev. No. 637 of 2003 2 Bathinda vide judgment dated 10.12.2002 thereby reducing the sentence of the petitioner from three years to two years under Section 326 IPC. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 3 of its judgment, are as under:- “3. After getting declared the injured fit for statement, the statement of complainant Jagsir Singh was recorded on 5.10.1997 in which he got recorded that he is resident of village Lehri and they are two brothers Balvir Singh is younger to him and they reside separately and do labour work. Along side the house of Balbir Singh is the house of Jeet Singh s/o Jabra Singh Ramdasia which is of his outer house and both have one street and one door. His brother Balvir Singh was having a kacha door and now he intended to construct pacca one after demolishing the earlier one but Jeet Singh was not permitting his brother to construct wall and at about 1.00 p.m. he and his brother Balvir Singh were present at his (Balvir Singh) house. In the meanwhile Binder Singh armed with gandasa, Amar Singh armed with soti, ons of Jeet Singh Ramdasia and Jeet Singh son of Jabar Singh came in front of the house of Balvir Singh and Jeet Singh stated that he will get the wall erected in the street and when he and Balbir Singh came in the street and after them came Kilwant Kaur wife of Balvir Singh, then Binder Singh threw gandasa towards Kulwant Kaur which fell directly on right side of her forehead and Amar Singh gave a soti blow in his back and Jeet Singh started giving brick bate blows and one brick bat blow struck on the right side of his chest Crl.Rev. No. 637 of 2003 3 and one fell n the nose of Kulwant Kaur and in the meanwhile, Amar Singh gave another soti blow on his back and they raised raula and all the three ran away to their house. He and Kulwant Kaur was brought by Balvir Singh to Civil Hospital, Tlawandi Sabo but doctor stated that Kulwant Kaur has serious injury and advised to take her to Hosptial at Bathinda. On that statement, the Investigating Officer made endorsement Ex.PW6/D and on its basis formal FIR Ex.PW6/D1 was registered.” During the course of arguments, learned counsel for the petitioner, has not challenged the conviction of the petitioner under Sections 326/323/34 IPC but has submitted that the sentence qua imprisonment be reduced to already undergone by him. Learned counsel has further submitted that the petitioner has undergone four months and two days of actual sentence. Fine is stated to have already been deposited before the trial Court by the petitioner. Learned counsel also submits that the petitioner is facing the criminal proceedings since the year 1997. Keeping in view facts and circumstances of the case, it is a fit case where the sentence qua imprisonment of the petitioner be reduced to already undergone by the petitioner. Hence, the conviction of the petitioner under Sections 326/323/34 IPC is maintained. However, the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of accordingly. (Sabina) Judge August 31, 2010 arya Crl.Rev. No. 637 of 2003 4