IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No.1045 of 2001 Date of decision: July 16, 2010 Om Parkash .. Petitioner Vs. State of Haryana .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Tapan Kumar Yadav, Advocate for the petitioner. Mr. Sidharath Sarup, DAG, Haryana for the respondent. A.N. Jindal, J Assailed in this petition is the judgment dated 11.7.2001 passed by the learned Additional Sessions Judge, Rewari dismissing the appeal filed by the accused-petitioner (herein referred as 'the accused') against the judgment dated 2.11.1999 passed by the Addl. Chief Judicial Magistrate, Rewari, convicting and sentencing him to undergo rigorous imprisonment for two years and to pay fine of Rs.3000/- under Section 324 IPC and rigorous imprisonment for six months under Section 323 IPC. It was further ordered that in the event of realization of the amount, Rs.2500/- were ordered to be paid as compensation to the injured. It is pertinent to mention here that the remaining accused persons were acquitted of the charges framed against them. The allegations, in nutshell, are that on 27.2.1991 at about 6/7.00 a.m. the complainant Vijender (herein referred as 'the complainant') was going to ease himself. Bhawani Sahai (PW3) was going ahead of him. The accused Om Parkash, Rajinder Singh son of Parhlad Singh, Ram Bhawan son of Om Parkash, Ishwar Singh sonof Om Parkash, Tirpati wife of Om Parkash, Mewa wife of Perhlad, Munni alias Bhagwati daughter of Om Parkash and Bimla wife of Sube Singh had been beating Bhawani Sahai. The complainant tried to rescue Bhawani Sahai at which all the aforesaid persons started giving beatings to him. The accused inflicted axe blow on the right wrist of the complainant, whereas, Ram Bhawan, who was armed with gun, inflicted a blow from the blunt side on the back of the Criminal Revision No.1045 of 2001 -2- complainant. The complainant was removed to Civil Hospital, Rewari for medical treatment. On the basis of the aforesaid statement, FIR was registered and investigated. The accused were arrested and completion of the investigation was followed by presentation of the report under Section 173 Cr.P.C. The accused were charged under Sections 148/323/324 read with Section 149 IPC, to which they pleaded not guilty and claimed trial. The prosecution led evidence, statements of the accused were recorded under Section 313 Cr.P.C. and ultimately the accused Om Parkash was convicted of the charges, whereas, the remaining accused were acquitted of the charges framed against them. At the very outset, without assailing the findings of conviction, it has been urged that the accused being the first offender and having undergone few days of the substantive sentence must be extended some leniency. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. No illegality much less irregularity or perversity has been detected or pointed out warranting interference by this Court. As such, the impugned judgment of conviction is maintained. Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 1991 and the accused has already suffered a lot due to the protracted proceedings pending against him since then. No bad antecedents have come on record in order to dub him as habitual offender. As such, I am of the considered opinion that ends of justice would be met if some leniency is extended to him. Consequently, this petition is dismissed with the modification in the sentence to that of already undergone by him without alteration in the sentence of fine. However, the fine is enhanced to Rs.10,000/- which would be paid to the injured-complainant as compensation within three months from today failing which this petition would be treated as dismissed. July 16, 2010 (A.N. Jindal) deepak Judge