IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Rev. No.2068 of 2008 Date of Decision: January 15, 2009 Parshotam .............Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.Parminder Singh, Advocate for the petitioner. Mr. Sidharath Sarup,AAG Haryana Sabina, J. Parshotam-petitioner was convicted and sentenced under Sections 332, 353 of the Indian Penal Code (`IPC' for short) by the Judicial Magistrate, First Class Karnal vide judgment and order dated 8.9.2006. Under Section 332 IPC, petitioner was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.700/- and in default of payment of fine, he shall further undergo simple imprisonment for two months and under Section 353 IPC, petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.300/- and in default thereof, he shall further undergo simple imprisonment for one month. However, both the substantive sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Karnal vide judgment dated 03.10.2008. Hence, the present revision petition. Prosecution story, in brief, as noticed by the appellate Court, in para 2 of its judgment, is as under:- “The facts of the case as reflected from the report under Section 173 Cr.P.C. forwarded against accused by Police Station City Crl.Rev. No.2068 of 2008 -2- Karnal are that on 18.2.1998, Prem Singh ASI and constable Bhagat Ram were going towards Jundla gate. When they reached near Sanjiv Hospital, Constable Dyalu Ram No. 506 and Shiv Kumar M.C.Ward No.17, Karnal approached them. Statement of Constable Dyalu Ram was recorded to the effect that he was posted in Police Station, City Karnal. That day, HC Ram Avtar assigned him the duty to summon Sanjay Kumar son of Prabhu Dyal, resident of Banso Gate, Karnal in connection with a complaint. At about 10 a.m., he reached Banso Gate, Karnal. Purshotam son of Matu Ram resident of the area who was under the influence of liquor grappled with him and proclaimed that he was an officer and asked him how he dared to enter his area. He caught him by his neck and gave him fist and slap blows. He raised cries upon which several persons collected. Shiv Kumar MC Ward No.17, Karnal intervened and separated him. Accused proclaimed that he had been saved by Shiv Kumar and that he would be done to death in future. Accused had obstructed him in discharge of his duty under the influence of liquor and caused hurt by fist and slap blows. He had also broken his uniform shirt buttons. It was requested that legal action be taken. On the complaint, case under sections 32/353/506 of the Indian Penal Code was registered. Offence under Section 61(1) (2) of Excise Act was added. Accused was arrested and on completion of investigation, challan was presented in the Court.” Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Crl.Rev. No.2068 of 2008 -3- Sections 332,353 IPC. Learned counsel has submitted that the petitioner was not a previous convict and the offence had taken place on 18.2.1998. Since then, the petitioner was facing agony of the criminal proceedings. Learned counsel has submitted that the sentence of imprisonment be reduced to already undergone by the petitioner. Keeping in view the fact that the petitioner is facing criminal proceedings since the year 1998, it would be just and expedient to reduce the sentence of imprisonment to already undergone by the petitioner. Accordingly, conviction of the petitioner under Sections 332 and 353 IPC is maintained. However, the sentence of imprisonment is reduced to already undergone by him. Revision petition is disposed of accordingly. ( Sabina ) Judge January 15, 2009 arya