Criminal Revision No. 2720 of 2010 )O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 2720 of 2010 )O&M) Date of decision: 2.11.2010 Raj Pal ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.B.S.Jaswal, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. Petitioner was convicted for an offence under Sections 325 and 323 of the Indian Penal Code (“IPC” for short), vide judgment dated 7.2.2006 passed by the Judicial Magistrate, Ist Class, Amritsar. Vide order of the even date the petitioner was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- under Section 325 IPC and to undergo rigorous imprisonment for a period of three months under Section 323 IPC. Both the sentences were ordered to run currently. Aggrieved by the same, the petitioner preferred an appeal, which was dismissed vide judgment dated 16.9.2010 passed by the Additional Sessions Judge, Fast Track Court, Amritsar. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in Criminal Revision No. 2720 of 2010 )O&M) 2 para 3 of its judgment, is reproduced herein below:- “Brief facts of the case are that on 26.4.2002 complainant Sat Pal son of Rattan Chand, resident of 407, Basant Avenue, Amritsar came to Police Post Verka and submitted a statement in writing with SI Gurdev Singh that on 23.4.2002, at 7.30 PM, the complainant along with his wife Sukhdev Kaur and his cousin Hari Dass went to the accused Raj Pal in connection setting of their account where accused Raj Pal gave sota blows to him causing injuries on his left wrist. When he turned his back, then second blow as given to him on his elbow. Thereupon, he fell down but the accused gave him fist flows on his face above and below the cheek. Then his wife Sukhdev Kaur came forward to save him but Raj Pal pushed her with sota causing injuries above her left eye. When, she turned her back then again he gave push with sota on her waist. Then his cousin Hari Dass raised hue and cry 'killed, killed'. On this Raj Pal fled away from the spot along with the sota. Motive behind giving these injuries to them was that his brother, Surinder Pal, resident of England and given power of attorney to Raj Pal to look after his share of land. However, Raj Pal had never given account of the outcome of above said piece of land. Therefore, his brother Surinder Pal gave him power of Criminal Revision No. 2720 of 2010 )O&M) 3 attorney to look after and maintain his property. Vehicle was arranged and they were shifted to hospital for treatment. Till today, relatives were trying to get the matter patched up amicably but no compromise could be arrived at. So he has come to inform the police. After recording his statement SI Gurdev Singh, under his endorsement sent the same through constable Baldev Raj No. 2004 to the police station for registration of case. Accordingly, case was registered against the accused Raj Pal under Section 323, 325 IPC at police station Sadar, Amritsar. Thereafter, medico legal reports of both the injured were obtained from the doctor alongwith X-ray reports and opinion of the doctor. The investing officer visited the spot and on reaching the spot prepared rough site plan of the place of occurrence and recorded the statements of witnesses. Thereafter, he arrested the accused and from him got recovered Sota and other site plan of the place of recovery of Sota was also prepared. Sota was taken into possession vide recovery memo. Statements of the witnesses were recorded and after completion of the investigation, challan was presented in the court against the accused.” Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Criminal Revision No. 2720 of 2010 )O&M) 4 Sections 325 and 323 IPC but has submitted that the sentence qua imprisonment be reduced to already undergone by him. Fine as imposed by the trial Court has already been deposited by the petitioner and the petitioner has undergone about 1½ month of actual sentence. Learned counsel has further submitted that the petitioner is aged 69 years and has undergone by pass surgery. The petitioner is the real brother of injured Satpal. Injury on the left wrist of injured Satpal was declared grievous, whereas, the other injuries on the person of Satpal and injured Sukhdev Kaur were declared simple in nature. The petitioner is facing the criminal proceedings since the year 2002. Keeping in view the facts and circumstances of the case, the sentence qua imprisonment of the petitioner is liable to be reduced to already undergone by him. Accordingly, conviction of the petitioner under Sections 325 and 323 IPC is maintained. However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. The petitioner be set at liberty forthwith if not required in any other case. The petition stands disposed of accordingly. (SABINA) JUDGE November 02, 2010 anita