Criminal Revision No.952 of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 952 of 2002 Date of Decision: April 23, 2009 Kulwant Singh etc. ...........Petitioners Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Sanjiv Gupta,Advocate, for the petitioners. Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. Petitioners were convicted under Sections 323/324/325/326 read with Section 149 of the Indian Penal Code (`IPC' for short) vide judgment dated 22.9.2001 by the Judicial Magistrate Ist Class Karnal. Vide order dated 26.9.2001, petitioners-Kulwant Singh, Laddi @ Kulwinder, Kulwant Singh, Bacchan Singh alias Gurbachan Singh, Joginder Singh, Balwinder Singh @ Dalvinder Singh, Pinder Singh @ Balwinder Singh, Major Singh were sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.400 each under Section 148 IPC; to undergo rigorous imprisonment for two months and to pay a fine of Rs,100/- each under Section 323 read with Section 149 IPC; to undergo rigorous imprisonment for six months and to pay a fine of Rs.400/- each Criminal Revision No.952 of 2002 2 under Section 324 read with Section 149 IPC; to undergo rigorous imprisonment for one year and to pay a fine of Rs.800/- each under Section 325 read with Section 149 IPC and to undergo rigorous imprisonment for two years and six months and to pay a fine of Rs. 1600/- each under Section 326 read with Section 149 IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by the Additional Sessions Judge, Karnal vide judgment dated 9.5.2002. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “The brief facts of the prosecution case are that on 4.10.93 at about 8.30 p.m. the complainant Lashkar Singh along with Mukhtiar Singh and Balbir Singh was injured by the accused near the fields of Ishwar Mahajan . Th accused party was armed while the complainant and his companions were unarmed. Accused Kulwat Singh, Laddi and Bachan Singh were carrying gandasi while Major Singh was carrying a lathi. On seeing the complainant and the other persons with him, accused Kulwant called out to his associates that they would teach a lesson to all the three for being in the party of Sher Singh. There was already a dispute between the complainant and accused Bacahan Singh alias Gurbachan Singh. Accused Kulwant Singh, Laddi and Bachan Singh all gave gandasi blows on the person of the complainant while accused Major Singh gave a lathi blow on his hand. Accused Bachan Singh had used his gandasi from the handle side. The remaining accused who had come to the spot Criminal Revision No.952 of 2002 3 with lathis injured the complainant further by giving lathi blows. Mukhtiar Singh tried to rescue him and he was also injured by Bachan Singh with the gandasi. When Balbir Singh tried to intervene he also met the same fate and received injuries at the hands of Joginder Singh and Major Singh. He received lathi blows at the hands of Pinder Singh and Balwinder Singh also. Banta Singh and Kabul Singh had reached the spot on hearing the noise whereupon the accused persons ran away with their weapons. Tehal Singh also came to the spot with other villagers and the injured were taken to the hospital.” Learned counsel for the petitioners has submitted that now during the pendency of this revision petition, parties have amicably settled the dispute. Compromise dated 9.3.2009 has been placed on record. Learned counsel for the petitioners has further submitted that in view of the compromise the sentence qua imprisonment be reduced to already undergone by the petitioners. Accordingly, the conviction of the petitioners under Sections 323/324/325/326 IPC is maintained and the sentence qua the imprisonment of the petitioners is reduced to already undergone by them. Petition stands disposed of. (Sabina) Judge April 23, 2009 arya