Crl. Rev. No. 2679 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No.2679 of 2009 (O&M) Date of decision: 21.12.2009 Kehar Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vivek Goel, Advocate, for the petitioner. Ms. Reeta Kohli, Addl. A.G. Punjab Rajan Gupta, J. This is a revision petition preferred by the petitioner against his conviction and sentence under Sections 452 & 354 IPC. Briefly stated, case of the prosecution is that on 7th April, 2006 at about 4.00 A.M., Sukhpreet Kaur complainant made statement to the police that she had gone to her cattle shed for urinating, brother of her father-in-law i.e. petitioner herein, who had come from jail on parole, caught hold of her from her arms. She raised alarm, on which her husband Jaswinder Singh reached there and grappled with the accused/petitioner. The petitioner gave a kick blow to her husband below his abdomen and ran away from the spot. His T-shirt and shoes remained at the spot. While running, the accused/petitioner was also seen by her uncle Sadhu Singh and brother-in-law Manga Singh, who used to reside with them and came out on hearing noise. After the Crl. Rev. No. 2679 of 2009 2 completion of necessary investigation, challan against the accused/ petitioner was presented in the trial court. After hearing the prosecution and defence, finding a prima facie case against the petitioner under Sections 452 and 354 IPC, a charge was framed against the accused accordingly, to which he pleaded not guilty and claimed trial. Prosecution examined as many as three witnesses. The accused also examined two witnesses in his defence. The learned trial court after appraising the evidence, convicted and sentenced the accused under Sections 452 and 354 IPC. The petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- under Section 452 IPC and further to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- under Section 354 IPC. Aggrieved against the same, petitioner filed the appeal. The said appeal was dismissed by Sessions Judge, Faridkot on 22nd September, 2009. Learned counsel for the petitioner at the outset has stated that in view of the findings returned by the trial court, he will not assail conviction of the petitioner and will confine his arguments regarding reduction in sentence only. He stated that he is conscious that the scope in revision is very limited as evidence of the witnesses cannot be re-appreciated and re-evaluated. It has been further submitted that the petitioner is the first offender and having big family and he is the only bread winner of the family. Therefore, in view of the protracted trial, he prays that his sentence be reduced. Crl. Rev. No. 2679 of 2009 3 Learned counsel for the State submits that in case the conviction of the petitioner is maintained, he shall have no objection to reduction of sentence. I have heard learned counsel for the parties. On perusal of the judgments of both the courts below, I am of the considered view that the evidence on record has been rightly appreciated while holding the petitioner guilty of the charge framed against him. The conviction of the petitioner is, thus, affirmed. Taking into account totality of circumstances and the fact that the petitioner is stated to be the first offender and has to support his family, it is directed that the sentence awarded to the petitioner shall be reduced to the period already undergone by him but sentence of fine is enhanced to Rs.20,000/- to be paid to the complainant. The fine be deposited within three months from the date of receipt of certified copy of this order. However, in case fine aforesaid is not deposited within the stipulated period, the modification in quantum of sentence shall stand withdrawn and the petitioner shall undergo the remaining period of sentence as awarded by the trial court. Except with modification in the quantum of sentence, as indicated herein above, the revision petition is dismissed. (RAJAN GUPTA) JUDGE December 21, 2009 'rajpal'