IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1368 of 2011 DATE OF DECISION : AUGUST 3, 2011 SOMBIR & ANR. ....... PETITIONER(S) VERSUS THE STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. KK Saini, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. AJAI LAMBA, J. (Oral) 1 This revision petition is directed against judgment of conviction dated 25.10.2010 and order of sentence dated 3.11.2010, passed by the Sub Divisional Judicial Magistrate, Loharu, as upheld by Additional Sessions Judge, Bhiwani, in appellate jurisdiction. Resultantly, the petitioners have been convicted for commission of offence under Section 457, Indian Penal Code, and sentenced to undergo Rigorous Imprisonment for 3 years and fine of ` 1,000/- (in default, simple imprisonment for 2 months) each. The petitioners have also been convicted for commission of offence under Section 380, Indian Penal Code, and Criminal Revision No.1368 of 2011 2 sentenced to undergo Rigorous Imprisonment for 3 years and fine of ` 1,000/- (in default, simple imprisonment for 2 months) each. A compensation of ` 25,000/- has also been granted in favour of complainant-Bilasa Ram (PW-1). 2 Learned counsel for the petitioners contends that the judgment of conviction is not being challenged on merits. The quantum of sentence, however, be considered. 3 Learned counsel for the petitioners has argued that PW-1 Bilasa Ram would be compensated by payment of ` 25,000/- before the petitioners are released. Learned counsel further contends that the petitioners are first offenders and only bread earners of their respective families. The petitioners are brothers and, therefore, have one family. 4 Learned counsel for the respondent-State has pointed out that petitioner No.2-Amit alias Mitta has undergone 1 year and 23 days of actual sentence. Petitioner No.1-Sombir alias Laden has undergone 11 months and 3 days of actual sentence. 5 I have considered the contentions of the learned counsel for the petitioners. 6 Considering the fact that the petitioners are brothers and are only bread earners of their respective families; the complainant has been compensated for the loss caused to him and the petitioners are first offenders, the sentence awarded to the petitioners is hereby reduced to 1 year and 6 months each under Section 457, Indian Penal Code. The sentence of the petitioners under Section 380, Indian Penal Code, is also reduced to 1 year and 6 months each. The sentence in regard to Criminal Revision No.1368 of 2011 3 fine is hereby maintained. 7 With the above modification in the order of sentence, the revision petition is dismissed. August 3, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?