CRR No.2568 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2568 of 2011 (O&M) Date of decision: 19.10.2011 Harmail Singh and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.V.S. Chugh, Advocate, for the petitioners. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ALOK SINGH, J (ORAL) Notice of motion. On being asked, Mr. Jaswinder Singh, learned Deputy Advocate General, Punjab, has accepted notice on behalf of the State. With the consent of learned counsel for the parties, present petition is being disposed of at the admission stage. Petitioners were found guilty and were sentenced to undergo imprisonment by Sub Divisional Judicial Magistrate, Sardulgarh, vide judgment dated 27.1.2010 as under: - Milkha Singh & Harmail Singh were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- each for the commission of offence under Section 324 IPC. In default of payment of fine they were further sentenced to undergo simple imprisonment for a period of two months each. They were further sentenced to undergo rigorous imprisonment for a period of six months each for the commission of offence under Sections 323/149 IPC. Ram Sarup & Kala Singh were sentenced to undergo CRR No.2568 of 2011 (O&M) -2- rigorous imprisonment for a period of six months and to pay a fine of Rs.300/- each for the commission of offence under Section 323 IPC. In default of payment of fine they were further sentenced to undergo simple imprisonment for a period of one month each. They were further sentenced to undergo rigorous imprisonment for a period of nine months each and to pay a fine of Rs.200/- each for the commission of offence under Sections 324/149 IPC and in default of payment of fine further sentenced to undergo simple imprisonment for a period of one month each. They were further sentenced to undergo rigorous imprisonment for a period of one year each for the commission of offence under Section 148 IPC. Jasvir Singh @ Beera Singh was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.300/- for the commission of offence under Section 323 IPC and in default of payment of fine he was further sentenced to undergo simple imprisonment for a period of one month. He was further sentenced to undergo rigorous imprisonment for a period of nine months and to pay a fine of Rs.200/- for the commission of offence under Section 324/149 IPC and in default of payment of fine to further undergo simple imprisonment for a period of one month. Jagraj Singh was sentenced to undergo rigorous imprisonment for a period of six months for the commission of offence under Sections 323/149 IPC. He was further sentenced to undergo rigorous imprisonment for a period of nine months and to pay a fine of Rs.200/- for the commission of offence under Section 324/149 IPC and in default of payment of fine to further undergo simple imprisonment for a period of CRR No.2568 of 2011 (O&M) -3- one month. He was further sentenced to undergo rigorous imprisonment for a period of one year for the commission of offence under Section 148 IPC. All the substantive sentences were ordered to run concurrently. The appeal preferred by the accused/petitioners was dismissed by learned Appellate Court/Additional Sessions Judge, Mansa, vide judgment dated 3.10.2011 and order/judgment of learned trial Court was upheld. Learned counsel for the petitioners, on the instructions of the petitioners has stated that he does not press the present revision on merit and prays for leniency in the matter of sentence. Learned counsel has argued that this Court may enhance the compensation/fine and may consider to reduce the sentence for the period already undergone. Mr. Jaswinder Singh, learned Deputy Advocate General, Punjab, states that petitioner/revisionists are the first time offenders and no other criminal case is pending against them. He further submits that the petitioners/accused have already undergone about 19 days. I have heard learned counsel for the parties and gone through the record. The sword of damocles is not to hangover the head of the petitioners for all times to come. They have suffered mental agony due to registration of this criminal case against them. In the opinion of this Court, no useful purpose would be served by keeping the accused/petitioners in the company of hardcore criminals; reducing the sentence for the period already undergone and enhancing the fine/compensation to be paid to the injured under Section 357 Cr.P.C. seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, fine/compensation imposed upon the petitioners is enhanced and the petitioners are directed to pay Rs.50,000/- each over and above the fine already imposed by the Trial Court to be paid to both the injured under Section 357 Cr.P.C in equal shares. The petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not CRR No.2568 of 2011 (O&M) -4- deposited, as directed above, this revision petition shall be deemed to have been dismissed. With above mentioned modification in the matter of sentence, this revision petition stands disposed of. (Alok Singh) Judge October 19, 2011 R.S.