IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 234 of 2004 Date of Decision: February 19, 2009 Ravinder Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Ms.Pooja Sharma,Advocate for the petitioner Mr.Amandeep Singh Rai, Advocate for the respondents ** Sabina, J. Ravinder singh-petitioner was convicted under Section 325 of the Indian Penal Code (for short `IPC') by the Judicial Magistrate, First Class, Rajpura vide order dated 9.8.2002 . Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for 15 months and to pay a fine of Rs.1000/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Jagadhri vide judgment dated 12.1.2004. Hence, the present revision petition. The brief facts of the case as notice by the Appellate Court in para 2 of its judgment are as under:- Briefly the story put forth by the prosecution is that on 31.12.98 on receipt of information. ASI, Sadhu Ram alongwith his police companions, reached Civil Hospital, Lalru and obtained MLR pertaining to Rajiv Khan and thereafter ASI Sadhu Ram recorded statement of Rajiv Khan to the effect that `he is working as a Suprvisor in Agro Dutch since March, 1998. Crl. Rev. No. 234 of 2004 -2- Yesterday, at about 4.30 a.m. while he was on duty on the ground floor, he checked Ravinder Singh, who was found sleeping during the duty hours. When he (complainant) asked the accused as to why he was sleeping during the duty hours, and that he shall send the report against him, an altercation took place between them and in the process, Ravinder Singh had struck him with an iron rod. In the meanwhile, Yusuf Khan and Manoj Pandey, who are also employees of the Agro Dutch Factory came on the spot, who rescued him from Ravinder Singh. Ravinder Singh had struck iron rod on his left leg, on account of which, he could not walk. He was immediately taken to Mehandrirrata Hospital, Ambala by the employee of the factory and later on, he was brought to Civil Hospital, Lalru and got admitted there. On the basis of the above said statement, case was got registered. Injury was kept under observation. After x-ray examination at A.P.Jain Hospital Rajpura, case under Section 325 IPC was got registered against the accused. During the course of investigation, accused was apprehended. On completion of the investigation, challan was presented against the accused under Section 325 IPC by P.S.Lalru.” Learned counsel for the petitioner, during the course of arguments, has submitted that the petitioner has already undergone about six months of actual sentence out of the sentence of imprisonment imposed by the Courts below. Learned counsel has further submitted that the sentence of imprisonment may be reduced to already undergone by the petitioner as Crl. Rev. No. 234 of 2004 -3- the petitioner is a young man and has been facing criminal proceedings since the year 1999. Keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioner. Accordingly, conviction of the petitioner under Section 325 IPC is maintained. However, the sentence of imprisonment as ordered by the Courts below is reduced to already undergone by the petitioner. With this modification, the revision petition stands disposed of. ( Sabina ) Judge February 19, 2009 arya