IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1769 of 2009 (O&M) Date of Decision:- 09.09.2009 Rajbir ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.S.Rai, Sr. Advocate with Mr.Karan Pathak, Advocate, for the petitioner. Mr.Yash Pal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. The petitioner was tried by the Court of Judicial Magistrate, Ist Class, Palwal, under Sections 323/325/34 IPC. He was held guilty of the said offences vide judgment dated 31.3.2009 and sentenced vide order dated 1.4.2009. He along with two other accused was held guilty for commission of the offences punishable under Section 323/325 IPC. On an appeal preferred by all three of them, the learned Additional Sessions Judge, Faridabad, vide his judgment dated 4.7.2009 released two of the appellants, namely, Bharat and Hoshiyar on probation, leading to the filing of the present revision petition by the present petitioner-Rajbir Singh, whose appeal was dismissed in toto by the Additional Sessions Judge, Faridabad. Counsel for the petitioner made an endeavour to push for the acquittal of the petitioner but having failed to do so, he restricted Crl.Rev.No.1769 of 2009 (O&M) -2- his prayer to the quantum of sentence. He submitted that the petitioner has been sentenced to undergo rigorous imprisonment for a period of one month and a fine of Rs.500/- under Section 323 IPC, and in default of payment of fine, to further undergo simple imprisonment for a period of 10 days. Under Section 325 IPC, the petitioner has been sentenced to undergo rigorous imprisonment for a period of six months and a fine of Rs.500/-, and in default of payment of fine, to further undergo simple imprisonment for a period of 10 days. All these sentences have been ordered to run concurrently. He submits that out of the total sentence of 6 months, which is under Section 325 IPC, the petitioner has already undergone more than 2 months. He further submits that the petitioner is facing the agony of protracted trial/appeal since the year 2000 i.e. more than 9 years, therefore, a lenient view may be taken in the matter. I have gone through the records of the case with the able assistance of the counsel for the parties. There is no doubt that the petitioner is facing the agony of protracted trial and thereafter the appeal for the last more than 9 years. Thus, the ends of justice would be sufficiently met if the sentence awarded to the petitioner under Section 325 IPC is reduced to the period already undergone as he has completed more than 2 months of the total sentence of six months. However, the amount of fine stands enhanced to Rs.20,000/-. The said amount be disbursed to the complainant. The reduction in sentence shall be subject to deposit of the amount of compensation with the Chief Judicial Magistrate, Palwal. As regards sentence awarded under Section 323 IPC, the same stands maintained. Crl.Rev.No.1769 of 2009 (O&M) -3- The present revision petition is allowed with the above-said modifications in the sentence and the petitioner is directed to be released only on deposit of amount of fine i.e. Rs.20,000/- with the Chief Judicial Magistrate, Palwal. The amount of compensation be disbursed to the complainant within a period of two months from the date of deposit of the same. September 09, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE