IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1426 of 2005 (O&M) DATE OF DECISION : 26th October, 2010 Gurjinder Singh ...Petitioner Vs. State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE A.N.JINDAL Present : Mr.Atul Jain, Advocate for the petitioner Mr.Amit Chaudhary, AAG, Punjab -- A.N.JINDAL,J (ORAL) Nothing has been argued on the question of conviction. Even otherwise the offence under Section 498-A of the Indian Penal Code against the accused stands established from the record. The trial Court has appreciated the evidence of PW-1 Harbhajan Singh, father of the victim, Harvinder Kaur PW-2 alleged victim in the right perspective. The other witnesses Himmat Singh PW-3, Ashok Kumar PW-4, Satpal PW-5, Ram Parkash PW-6, Gurdev Singh PW-7, Harvinder Singh PW-8, Nazar Singh PW-9 are the witnesses with regard to the purchase of the cloth by the complaint, manufacturing of the gold ornaments prepared or the printing cards by them. The testimonies of Ravinder Kaur and Harbhajan Singh stand corroborated by Ajit Singh PW-10 thus, the judgments passed by both the Courts below stand affirmed. Now coming to the question of quantum of sentence, the marriage in this case took place on 04.03.1998 and it stood disrupted within one year. The case was registered against the accused on Criminal Revision No.1426 of 2005 (O&M) -2- 16.1.1999. The only prayer made by the petitioner in the case is that some leniency may be shows on the quantum of sentence. Heard. Vide agreement Ex-DA dated 10.06.1999 the articles of dowry appear to have been returned. The co-accused Faqir Singh and Sukhwant Kaur have already been acquitted. The accused have already undergone more than one month of the substantive sentence. During the period of protected proceedings pending in the Courts, the petitioner has been facing mental agony of the trial and a sword of sentence has been persistently hanging over his head for the past 10 years and he has not repeated the offence. In these peculiar circumstances, it would be in the fitness of things if he is extended benefit of the provision of section 4(1) of the probation of offenders Act 1958. Resultantly, this petition is dismissed with the modification in the sentence to the extent that he be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 on his executing a bond in the sum of Rs.10,000/- with one surety in the like amount each, to the satisfaction of the Chief Judicial Magistrate, Jallandhar , for a period of one year within which period he shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, he shall be ready to serve sentence as and when called for. (A.N.JINDAL) October 26, 2010 JUDGE p.singh