Criminal Revision No. 565 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 565 of 2010 (O&M) Date of decision: 29.4.2010 Kuldip Kumar and another ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.JPS Sandhu, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. Petitioners were convicted for an offence under Sections 325/324/323/34 of the Indian Penal Code (“IPC” for short), vide judgment dated 28.3.2009 passed by the Judicial Magistrate, Ist Class, Bathinda. Vide order of the even date, the petitioners were sentenced to undergo rigorous imprisonment for a period of one year with a fine of Rs.1,000/- each under Section 325/34 IPC; rigorous imprisonment for a period of six months each under Section 324/34 IPC and rigorous imprisonment for a period of three months each under Section 323/34 IPC. All the sentences were ordered to run Criminal Revision No. 565 of 2010 (O&M) 2 concurrently. Aggrieved by the same, the petitioners preferred an appeal and the same was dismissed vide judgment dated 6.2.2010 passed by the Sessions Judge, Bathinda. However, the sentence awarded to the petitioners under Section 324/34 was set aside by the Appellate Court. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in para 3 of its judgment, is reproduced herein below:- “ Jagdish Rai complainant is resident of village Pucca Kalan. On 16.6.2003 at about 5.30 a.m. he was standing in front of his house in the street. In the meanwhile, his brother Darshan Ram armed with Gandhali and his nephew Kuldip Kumar armed with Kasia came from the side of their house. Darshan Ram raised lalkara that complainant be taught a lesson for usurping the land. Saying so, Kuldeep Kumar given two kasia blows from the reverse side, which hit the complainant on his left arm Darshan Ram gave a Gandhali blow, which hit the right side on the head of complainant Jagdish Rai. Darshan Ram gave two more Gandhali blows on the right arm of the complainant. Darshan Ram gave one more blow of Gandhali, which hit on the right leg of the complainant. Complainant fell down. Both the accused gave more blows with their respective weapons on the person of complainant while he was lying down. On hearing cries of Criminal Revision No. 565 of 2010 (O&M) 3 the complainant, Jiwan Kumar, son of the complainant, reached at the spot and witnessed the occurrence. Jiwan Kumar raised alarm, on which both the accused fled away from the spot alongwith their weapons. The motive for the crime is that they have land in village Chak Hira Singh Wala and at the time of partition of the said land, since accused Darshan Singh did not append his signatures, the land fell to the share of accused is lying in the neighbourerhood and now accused Darshan Ram is demanding share out of the land in the share of complainant Jagdish Rai, which was objected to by the complainant. Complainant was removed to Civil Hospital, Sangat.” During the course of arguments, learned counsel for the petitioners has not challenged the conviction of the petitioners under Sections 325/323/34 IPC but has submitted that sentence qua imprisonment be reduced to already undergone by them. The complainant-injured is the real brother of petitioner Darshan Ram. The petitioners are the only bread earners of the family and are facing the criminal proceedings since the year 2003. Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioners to already undergone by them and enhance the sentence qua fine. Criminal Revision No. 565 of 2010 (O&M) 4 Accordingly, conviction of the petitioners under Section 325/323/34 IPC is maintained. However, the sentence qua imprisonment of the petitioners is reduced to already undergone by them. The petitioners are directed to pay additional fine of Rs.10,000/- each. The additional fine be deposited before the trial Court within fifteen days from today, failing which this petition shall stand dismissed. The additional fine, deposited by the petitioners, be disbursed to injured-complainant Jagdish Rai forthwith, The petition stands disposed of accordingly. (SABINA) JUDGE April 29, 2010 anita