IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1720 of 2004 Date of decision: October 05, 2010 Shyam Lal and others .. Petitioners Vs. State of Haryana .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. N.C. Kinra, Advocate for the petitioners. Mr. J.S. Rattu, DAG, Haryana for the respondent. A.N. Jindal, J Initially five accused were prosecuted for the offences under Sections 323/325 read with Section 34 IPC and were convicted vide judgment dated 21.3.2003 passed by the trial court. However, out of them, accused Anita and Sunita were ordered to be released on probation. The appeal preferred by them was dismissed vide judgment dated 25.8.2004. No doubt has been called by the learned counsel for the petitioners to the judgment of conviction. However, entreaty petition for seeking indulgence of this Court on the quantum of sentence has been made on the ground that Parmod Kumar has already expired and they have already undergone about three months and three days of the substantive sentence. Arguments heard. Record perused. Having scrutinized the impugned judgment, it appears that both the courts below have appreciated the evidence in the right perspective. No such defect or illegality has been pointed out which may result into miscarriage of justice. As regards the question of quantum of sentence, out of the injuries found on the person of Ved Parakash, only one injury was found to be grievous which was attributed to Shyam Lal and the same is on the non vital part of his body. Shyam Lal is stated to be 62 years old and has already undergone three months and three days out of the substantive sentence. No bad antecedents could be brought to the surface from where they could be treated as habitual offenders. Their co-accused Anita and Sunita have already been released on probation. The sword of conviction Criminal Revision No. 1720 of 2004 -2- remained hanging on their heads since 27.8.1996. In these circumstances it would be in the fitness of the things to extend some leniency on the quantum of sentence. Resultantly, while dismissing the petition, the sentence awarded to the accused is reduced to that of already undergone by them without alteration in the sentence of fine. However, they would pay Rs.10,000/- each on account of compensation to the injured within three months from today, failing which this petition would be treated as dismissed. Copy of the judgment be sent to the Chief Judicial Magistrate, Rohtak for compliance. October 05, 2010 (A.N. Jindal) deepak Judge