Criminal Revision No.547 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 547 of 2009 Date of Decision: April 02, 2009 Naresh ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Sandeep Kotla,Advocate for the petitioner. Mr.Sidharath Sarup,AAG Haryana ** Sabina, J. Petitioner- Naresh was convicted for an offence under Sections 429 and 451 of the Indian Penal Code (hereinafter referred to as `IPC') by the Judicial Magistrate Ist Class Panipat vide judgment dated 28.4.2007. Vide order dated 30.4.2007 petitioner was sentenced to undergo imprisonment for three years and a fine of Rs.1000/- under Section 429 IPC and to undergo imprisonment for two years and a fine of Rs.500/- under Section 451 IPC. Aggrieved by the same, petitioner filed an appeal and the same was dismissed by the Additional Sessions Judge, Panipat vide order dated 26.9.2008. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in paras 2 and 3 of its judgment, are as under:- “ As per allegations contained in the FIR, complainant Jeet Singh son of Harphool was a resident of village Biholi. On 20.5.2006 at about 4.15 a.m. when he and his wife Surender Kaur reached their Criminal Revision No.547 of 2009 2 Gher to milk their cattle, they found the door of the Gher open. On seeing them, their neighbour Naresh son of Lakhmi Chand who was drenched in blood and was carrying a piece of beef in his hand, ran away from there. His trousers which was stained with blood was lying near the buffalo. When he went near the buffalo, he found it dead. The rear portion of the buffalo was found amputated. About 10/12 days prior to the occurrence, some verbal altercation had taken place between the complainant and Naresh and for that reason, he has killed his buffalo. 3. On the basis of this aforesaid written complaint, the present case was registered and during the investigation, site plan qua the place of occurrence was prepared. Blood stained earth and trousers of the accused were lifted from the spot and the same were converted into separate sealed parcels, sealed with the seal JB and were taken in possession. The accused was arrested. On interrogation, he made a disclosure statement and pursuant to the same, he got recovered the knife wrapped in a T-shirt which was used in the commission of the alleged offence. Rough sketch of the kniefe was prepared and thereafter, the knife alongwith T- shirt was taken in possession. Statements of the witnesses under Section 161 Cr.P.C were recorded. Post mortem examination on the dead body of the animal was got conducted. After completion of necessary formalities, investigations were completed and report under Section 173 Cr.P.C. was submitted in the Court.” Criminal Revision No.547 of 2009 3 Learned counsel for the petitioner has submitted that the petitioner has already undergone more than one year of actual sentence and his sentence be reduced to already undergone by him. Learned counsel for the petitioner has not challenged the conviction of the petitioner under Sections 451 and 429 IPC as ordered by the Courts below. As per the custody certificate placed on record by the learned counsel for the State, petitioner has undergone the actual sentence of 1 year 2 months and 14 days as on 29.3.2009. No other criminal case is pending against the petitioner. . Keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Accordingly, the conviction of the petitioner under Section 429 and 451 IPC is maintained. However, his sentence qua imprisonment is reduced to already undergone by him. This petition is disposed of accordingly. (Sabina) Judge April 02, 2009 arya