Criminal Revision No. 1407 of 2003 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1407 of 2003 Date of Decision: 9.2.2010 Gurcharan Singh and Others …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Gurcharan Dass, Advocate for the petitioners. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed by three persons namely Gurcharan Singh, Gurdeep Singh and Surjit Singh. They were named as accused in case FIR No. 212 dated 4.11.1990 registered at Police Station Jagraon, under Sections 326, 324, 323 and 34 IPC. Counsel for the petitioners has submitted that Gurdeep Singh, petitioner, had undergone six months and 24 days of his actual sentence. He was released by the State authorities, after giving benefit of remission. Similarly, Gurcharan Singh, petitioner, had undergone five months and 24 days of his actual sentence, and he was also released from the Jail after having undergone his complete sentence as he was also given benefit of Government remission. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, has submitted affidavits of Kuldeep Singh, PPS-I, Superintendent, Central Jail, Ludhiana. In both the affidavits, note has been given, which read as Criminal Revision No. 1407 of 2003 2 under:- “Note: The above said convict was released on 03.10.03 after completion of his sentence and after giving him benefit of remissions i.e. Five Days Jail Remission and One year Government Remission. The amount of fine has been deposited by the convict in the Court. XXX XXX XXX XXX XXX XX “Note: The above said convict was released on 06.10.03 after completion of his sentence and after giving him benefit of remissions i.e. Five Days Jail Remission and One year Government Remission. The amount of fine has been deposited by the convict in the Court”. Counsel for the petitioners submits that in view of this, revision petition preferred by Gurcharan Singh and Gurdeep Singh, petitioners, be dismissed as not pressed. Ordered accordingly. Counsel for the petitioners submits that Surjit Singh, petitioner, had caused simple injury and has undergone two months and 29 days of his actual sentence. Counsel further submits that it is evident from the judgment that on the day of occurrence, Surjit Singh was aged 48 years. Today he is about 67 years of age. It is further submitted that grievous injury was attributed to Gurcharan Singh, petitioner No.1, who had Criminal Revision No. 1407 of 2003 3 already been released by Jail Authorities. Surjit Singh, who is now aged 67 years, according to counsel, has undergone two months and 29 days of his actual sentence. This fact is not disputed by counsel for the State who has also placed on record affidavit of Prem Garg, P.P.S., Superintendent Jail, Faridkot. Counsel for the petitioners has submitted that he will not assail the conviction of petitioner Surjit Singh. He will only pray to this Court that sentenced awarded upon Surjit Singh be reduced. Taking into consideration that petitioner Surjit Singh is aged 67 years and his two other co-accused have been given benefit of remission and have been released from Jail having completed their sentence, this Court cannot ignore the petitioner has caused simple injury and period of 19 years is going to elapse. This Court is of the view that no useful purpose will be served by sending petitioner Surjit Singh behind the bars as he has already suffered mental pain and agony of protracted trial. Accordingly, sentence awarded upon petitioner Surjit Singh is reduced to already undergone, however, sentence of fine is enhanced to Rs.10,000/-. The same shall be disbursed to the complainant as compensation. In default of payment of fine, petitioner Surjit Singh shall undergo three months rigorous imprisonment. With the observations made above, present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 9, 2010 “DK”