Crl. Revision No. 453 of 2006 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.453 of 2006 Date of Decision: 07.03.2011. Tehal Singh and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Hitesh Malik, Advocate for Mr. Rameshwar Malik, Advocate, for the petitioners. Mr. Ranvir Singh Chauhan, DAG, Punjab. for the respondent-State. Mr. Kulwant Singh, Mr. Amrik Singh and Mr. Bhim Singh, complainant-injured in person with Mr.G.S.Sandhu, Advocate. NAWAB SINGH.J (ORAL) This revision is directed against the judgment dated February 11th, 2006 passed by Additional Sessions Judge, Patiala affirming the judgment of conviction and order of sentence dated November 20th, 2002 of Judicial Magistrate Ist Class, Saman, whereby, petitioners were convicted and sentenced as under:- Offence U/S Sentence Fine In default Petitioner No.1 - Tehal Singh 148 IPC RI for 1 year ` 250/- RI for 1 month 326 IPC RI for 2 years ` 500/- RI for 2 months 325 IPC RI for 2 years ` 250/- RI for 1 month 324 IPC RI for 1 year ` 500/- RI for 1 month 324/149 IPC RI for 6 months ` 250/- RI for 1 month 323/149 IPC RI for 6 months - - Crl. Revision No. 453 of 2006 2 .. Petitioner No.2 - Bharpur Singh 148 IPC RI for 1 year ` 250/- RI for 1 month 326/149 IPC RI for 1 year ` 250/- RI for 1 month 325 IPC RI for 2 years ` 250/- RI for 1 month 324 IPC RI for 1 year ` 500/- RI for 1 month 324/149 IPC RI for 6 months ` 250/- RI for 1 month 323/149 IPC RI for 6 months - - Petitioner No.3 – Sukhwinder Singh 148 IPC RI for 1 year ` 250/- RI for 1 month 326/149 IPC RI for 1 year ` 250/- RI for 1 month 325 IPC RI for 2 years ` 250/- RI for 1 month 324 IPC RI for 1 year ` 500/- RI for 2 months 324/149 IPC RI for 6 months ` 250/- RI for 1 month 323/149 IPC RI for 6 months - - Petitioner No.4 & 5 – Balwinder Singh and Teja Singh 148 IPC RI for 1 year ` 250/- RI for 1 month 326/149 IPC RI for 1 year ` 250/- RI for 1 month 325 IPC RI for 2 years ` 250/- RI for 1 month 324/149 IPC RI for 6 months ` 250/- RI for 1 month 323/149 IPC RI for 6 months - - The sentences were ordered to run concurrently. 2. The occurrence took place on August 22nd , 1997 on a trivial dispute of dismantling the boundary (doll) of the fields. In the occurrence, Amrik Singh, Kulwant Singh and Bhim Singh - received injuries at the hands of the petitioners. Tehal Singh, Sukhwinder Singh, Balwinder Singh, Bharpur Singh-petitioners and Mukand Singh (deceased) also received injuries at the hands of the complainant party. 3. Learned counsel for the petitioners submits that the parties are neighbours and are residing in the same village. They want to live peacefully in future. During the pendency of the revision, parties have compromised the matter with the intervention of the Crl. Revision No. 453 of 2006 3 .. common relatives and respectables of the village. Compromise Deed dated March 7th, 2011 (Annexure A/1) has been placed on record. It was petitioners' first offence. Tehal Singh, Bharpur Singh and Teja Singh have undergone actual sentence of about 7 months, whereas, Sukhwinder Singh and Balwinder Singh, petitioners have undergone actual sentence of about 4 months, per jail custody certificates filed by the State counsel. 4. In Ishwar Singh Vs. State of Madhya Pradesh 2009(1) R.C.R. (Criminal) 1, Hon`ble Supreme of India reduced the sentence already undergone by the appellant, who was convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for 3 years on account of compromise having been effected between the parties during the pendency of the appeal before the Hon`ble Supreme Court. 5. This Court is satisfied that the complainants have voluntarily desired to compound the offence with the petitioners for sufficient and genuine reasons stated in the compromise deed (Annexure A/1). 6. In view of above, the conviction of the petitioners is maintained but sentence is reduced to the period already undergone by them. 7. The revision is partly accepted in the aforesaid terms. (NAWAB SINGH) JUDGE 07.03.2011 som