Crl.Rev.No. 2028 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No. 2028 of 2009 Date of Decision:- 04.09.2009 Sukhdev Singh and others ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.K.Shukla, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. On an FIR No.119 dated 23.7.1998 registered on the basis of statement of the complainant Kashmir Singh, challan was presented against the accused-petitioners and charges were framed against them under Section 326/325/324/323/148 and 149 IPC on 5.3.1999. On the basis of the evidence led by the parties, the learned Chief Judicial Magistrate, Ist Class, Samana, vide his judgment and order dated 24.12.2003 convicted and sentenced the accused-petitioners as under:- 1. 149 IPC All the convicts are sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for one month. 2. 326 IPC Harnek Singh convict is sentenced under Crl.Rev.No. 2028 of 2009 2 Section 326 IPC to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/-. In default of payment of fine, he shall further undergo rigorous imprisonment for three months. 3. 326/149 IPC Convicts Sukhdev Singh, Jarnail Singh, Dalip Singh and Buta Singh are sentenced under Section 326 read with Section 149 IPC to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- each. In default of payment of fine they shall further undergo R.I. for two months. 4. 325 IPC Dalip Singh convict is sentenced under Section 325 IPC to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-. In default of payment of fine, he shall further undergo RI for two months. 5. 325/149 IPC Convicts Sukhdev Singh, Harnek Singh, Jarnail Singh and Buta Singh are sentenced under Section 325 read with Section 149 IPC to undergo rigorous imprisonment for six months and to pay fine of Rs.250/- each. In Crl.Rev.No. 2028 of 2009 3 default of payment of fine, they shall further undergo rigorous imprisonment for one month. 6. 324 IPC Jarnail Singh convict is sentenced under Section 324 IPC to undergo rigorous imprisonment for six months and to pay fine of Rs.500/- and in default of payment of fine, he shall further undergo rigorous imprisonment for two months. 7. 324/149 IPC Convicts Sukhdev Singh, Harnek Singh, Dalip Singh and Buta Singh are sentenced under Section 324 read with Section 149 IPC to undergo rigorous imprisonment for three months and to pay fine of Rs.250/- each. In default of payment of fine, they shall further undergo RI (rigorous imprisonment) for one month. 8. 323 IPC All the convicts are sentenced under Section 323 IPC to undergo rigorous imprisonment for three months. All the sentences were however, ordered to run concurrently. On an appeal preferred by the petitioners, the learned Additional Sessions Judge, Patiala vide his judgment dated 2.7.2009 has dismissed their appeal upholding the judgment and order passed by the Crl.Rev.No. 2028 of 2009 4 learned trial Court. Hence, the present revision petition before this Court. Counsel for the petitioners did not press the present petition on merits and had only prayed for interference by this Court on the question of quantum of sentence, with a further prayer that the injured may be compensated by this Court. On this limited plea of the counsel for the petitioners, notice was issued to the State. Counsel for the petitioners submits that the petitioners are facing the agony of protracted trial/ appeal for the last more than 10 years. It is further his submission that during this period, no other complaint has been lodged against the petitioners nor have they been convicted for any other offence(s). It is further his submission that the petitioners are not previous convicts and are having families to support and, therefore, prays that their sentence be reduced to the period already undergone by them and in lieu thereof, some amount of compensation may be granted to the injured. I have heard counsel for the parties and have gone through the records of the case. Undisputedly, the present petitioners are facing the agony of protracted trial/appeal for the last more than 10 years and there is nothing on the record to suggest that they have repeated the offence after having been released on bail or they are previous convicts. Thus, the ends of justice would be sufficiently met if the sentence awarded to petitioner No.2 Harnek Singh son of Mohan Singh under Section 326 IPC is reduced from two years to one year and under Sections 149, 325/149, 324/149 and 323 IPC to the period already undergone, subject to his paying a compensation of Rs.10,000/- to each of the injured within a period of three months. Sentence of petitioner No.5-Dalip Singh-under Section 325 IPC is Crl.Rev.No. 2028 of 2009 5 reduced from one year to six months while under Sections 149, 326/149, 324/149 and 323 IPC the same is reduced to the period already undergone subject to his depositing compensation of Rs.7500/- to each of the injured within a period of three months. As regards sentence awarded to Jarnail Singh-petitioner No.3 under Section 149, 324, 326/149, 325/149 and 323 IPC, the same is reduced to the period already undergone subject to his depositing a compensation of Rs.5000/- to each of the injured. As regards sentences awarded to petitioner No.1-Sukhdev Singh @ Sukha son of Mohan Singh and petitioner No.4-Buta Singh son of Dara Singh under Section 149, 323, 326/149, 325/149, 324/149 IPC, the same also stand reduced to the period already undergone by them subject to their paying Rs.2500/- each as compensation to each of the injured. The above reduction in sentence shall come into effect from the date of deposit of the amount of compensation by the petitioners, as assessed above. With the modification in the sentence, the instant revision petition stands disposed of. September 04, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE