Crl. Revision No. 2218 of 2008 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2218 of 2008 Date of Decision:April 29, 2009 Satnam Singh and others ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. O.S.Batalvi,Advocate, for the petitioners Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Petitioners were convicted for offence under Sections 341/323/325 read with Section 34 of the Indian Penal Code (hereinafter referred to as “IPC”) by Judicial Magistrate Ist Class, Patiala vide judgment dated 7.6.2006. Vide order of even date petitioners were sentenced to undergo rigorous imprisonment of three months and Rs. 200/- each for an offence under Section 323/34 IPC, were sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/- each for an offence under Section 325/34 IPC and were sentence to undergo rigorous imprisonment Crl. Revision No. 2218 of 2008 {2} for one month for an offence under Section 341 IPC. Aggrieved by the same petitioners preferred an appeal and the same was dismissed by the Additional Sessions Judge, Patiala vide judgment dated 17.10.2008. Hence, the present revision petition. Brief facts of the case as noticed by the appellate court in para 2 of its judgment are as under:- Succinctly, the prosecution version was that the complainant/injured Mohinder Singh, while being admitted in Rajindra Hospital, Patiala had got recorded his statement to the police that on 31.5.2000 at around 7.30 p.m. when he was returning to his home from his tubewell and had reached near village Dharamshalla, then Satnam Singh son of Ajmer Singh, who was having stick (soti) in his hand, encircled away laid him and asked him as to why he has leveled false allegations against him regarding damage of his crops by his cattle and when the complainant replied that he will make such like complaint, then Satnam Singh gave soti blow towards the head of the complainant which struck on middle part of his head. The second stick blow hit the complainant on his fore-head in the center of his eye, in the meanwhile Bhag Singh brother of Satnam Singh armed with stick also came there, who also gave stick blow to him which hit on his left side of his lips. On hearing his hue and cry, Ajaib Singh reached at the place of occurrence. Although Ajmer Singh tried to rescue the complainant but Bhag Singh and Satnam Singh gave more soti blows on the face of the complainant, one of which hit on the Crl. Revision No. 2218 of 2008 {3} lift side of his more, younger brother of Satnam Singh namely Chhota Singh also reached at the place of occurrence who was also armed with stick (soti). He gave his stick blow on his left eye. Then Satnam Singh gave another blow which struck on the right hand side of the complainant while trying to evade the said blow. The complainant fell down and kept on crying for his rescue. The accused persons gave further blows to the complainant while he was lying on the ground which hit him on his back side of his head and left ear. Then the complainant became unconscious and was admitted to the hospital by the villagers. The motive behind the occurrence was that the land of the complainant is adjacent to the village and accused persons used to allow and leave their cattle in his field to damage his crop.” Learned counsel for the petitioners during the course of arguments has not challenged the conviction of the petitioners under Sections 341/325/323/34 IPC. Learned counsel has submitted that the petitioners have already undergone more than six months of their actual sentence. They are not previous convicts. Learned counsel has submitted that sentence qua imprisonment of the petitioners be reduced to already undergone. Keeping in view the submissions made by learned counsel for the petitioners, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioners. Accordingly, conviction of the petitioner under Sections 341/325/323 IPC is maintained. However, sentence of imprisonment of the petitioners is reduced to already Crl. Revision No. 2218 of 2008 {4} undergone by them. Petition stands disposed of accordingly. (SABINA) JUDGE April 29, 2009 PARAMJIT