Crl.R. No.479 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.479 of 2004 DATE OF DECISION: April 15, 2009 PIARA SINGH AND OTHERS ...PETITIONERS VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: NONE FOR THE PETITIONERS. MR. G.S. GREWAL, ADDL.A.G., PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) Counsel for the petitioners has not put in appearance. I appoint Ms. Ranjana Shahi, Advocate as Amicus Curiae to defend the petitioners- accused. The petitioners are aggrieved by the judgement and order dated 17.2.2003, passed by the Sub Divisional Judicial Magistrate, Nabha vide which they have been sentenced to undergo R.I. for 2 years under Section 148 and 353 IPC and were sentenced to lesser terms under the other Sections. In appeal filed by the petitioners, the Addl. District Judge, Patiala reduced the sentence of the petitioners under Section 353 and 148 IPC to R.I. for 1 year and the sentence and fine under the other Sections were maintained. At the outset, Ms. Ranjana Shahi, Amicus Curiae, counsel for the petitioners submits that she does not wish to challenge the findings on record and as the occurrence took place on 21.4.1998, therefore, a lenient Crl.R. No.479 of 2004 -2- view be taken while sentencing the petitioners. Learned counsel submits that the petitioners have already undergone 6 months of actual imprisonment. The prayer of the counsel for the petitioners has been vehemently opposed by the counsel for the State who submits that the petitioners do not deserve any leniency as they alongwith other co-accused had formed an unlawful assembly and assaulted Police officials who had gone to arrest Smt. Debo in a theft case. After hearing the counsel for the petitioners, I am of the considered opinion that the petitioners have already faced a long and protracted trial of almost 11 years. They have also undergone more than 6 months of actual imprisonment. In this view of the matter, ends of justice would be met if the sentence of the petitioners is reduced the one already undergone by them. The conviction of the petitioners is, however, upheld. Revision petition disposed of. April 15, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE