Crl. Rev. No.1938 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1938 of 2006 Date of Decision: 5 - 12 - 2011 Som Nath .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Vijay Lath, Advocate for the petitioner. Ms.Gagan Mohini, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) On 2.8.2001, at about 12.45 P.M., petitioner armed with a wooden batton under the influence of some intoxicant entered in the house of Kamlesh PW1 and caused her injuries. It is stated that when she raised her left hand, one of the blows of wooden batton hit in between index and middle fingers. Kamlesh PW1 on the same day i.e. 2.8.2001 was medico legally examined by PW3 Dr.Rajinder Kumar, Medical Officer, Ghanauli, who found the following injuries on her person:- 1. Lacerated wound 8 cm x ½ cm placed between index and middle finger of left hand extending upto palm and Crl. Rev. No.1938 of 2006 [2] extensor aspect of hand. Blood was oozing. X-ray was advised. 2. Bruise 9 cm x 1 cm red in colour on back of chest placed horizontally just below left scapula. 3. Bruise 10 cms x ½ cm on posterior lateral aspect of upper 1/3rd of left arm red in colour. 4. Bruise 4 cm x ½ cm placed horizontally on deltoid region of left arm. Injury No.1 was declared grievous, falling within the ambit of Section 325 IPC. Injured Kamlesh appeared as PW1 and deposed against the petitioner. Her testimony was duly corroborated by her husband PW4 Khushi Ram. The trial Court vide its judgment dated 14.9.2004 convicted the petitioner for offence under Sections 452, 323, 325 IPC and vide a separate order of even date, sentenced him as under:- U/S 452 IPC - To undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for one month. U/S 323 IPC - To undergo rigorous imprisonment for six months. U/S 325 IPC - To undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for one month. All the sentences were ordered to run concurrently. Aggrieved against the same, the petitioner filed an appeal. The Appellate Court below vide impugned judgment dated 1.9.2006 upheld the conviction but reduced the sentence to nine months rigorous imprisonment under Sections 452 and 325 IPC. However, the sentence of fine was Crl. Rev. No.1938 of 2006 [3] maintained. Mr.Vijay Lath, learned counsel appearing for the petitioner states that in view of the deposition of injured Kamlesh, he will not be in a position to assail the conviction. However, he states that occurrence had taken place in the year 2001. Petitioner is in the corridors of the Courts for the last more than 10 years and has suffered mental pain and agony of the protracted trial. He has further submitted that it has come in the cross- examination of Kamlesh PW1 that occurrence had taken place on a very trivial issue. Counsel has referred to that part of the cross-examination wherein it is admitted that Sohan Lal had learnt driving of the tractor from the son of injured Kamlesh and had driven the same for 1-2 months. Counsel has referred to the suggestion given to Kamlesh PW1 which was denied by her that petitioner, who is a labourer, was denied the salary. Counsel has further stated that petitioner has undergone 2 months and 8 days of actual sentence, out of the total sentence of nine months awarded to him. As per custody certificate dated 30.11.2011 filed by Daljit Singh Bhatti, Superintendent, District Jail, Roopnagar, petitioner is not involved in any other case. Taking into consideration the period already undergone, age, antecedents, sufferance of protracted trial, nature of the offence and the fact that petitioner being labourer was demanding his wages, this Court is of the view that at this stage sending the petitioner behind the bars, shall serve no useful purpose. Therefore, the sentence awarded to the petitioner is reduced to the period already undergone. However, the sentence of fine is enhanced to Rs.10,000/-. The fine shall be deposited in the trial Court within three months and if paid, the same shall be disbursed to PW1 injured-Kamlesh. Crl. Rev. No.1938 of 2006 [4] The revision petition is disposed of. It is, however, made clear that if the fine, so assessed, is not deposited by the petitioner, the present petition shall stand dismissed. ( KANWALJIT SINGH AHLUWALIA ) December 5, 2011 JUDGE RC