IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.951 of 2000 Date of Decision 07.04.2010 Mala Singh ...... Petitioner VERSUS State of Punjab ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Surinder Garg, Advocate, for the petitioner. Mr.C.S.Brar, D.A.G., Punjab. ***** A.N.JINDAL, J(ORAL): This petition is directed against the judgment dated 07.08.2000, passed by Addl. Sessions Judge, Faridkot, dismissing the appeal of the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 07.10.1999, passed by Judicial Magistrate Ist Class, Faridkot, convicting and sentencing him to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.500/- under Section 324 IPC. However, in appeal, the sentence was reduced to 9 months. The allegations against the petitioner are that on 09.11.1995, he, while armed with weapon like Kapa, caused injuries on the right side head of complainant Kuku. The petitioner was charged, tried and ultimately convicted and sentenced accordingly. His appeal also failed. Without assailing the judgment of conviction, learned counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Even otherwise, on scrutiny of the impugned judgment, it transpires that the evidence appears to have been appreciated in the right Criminal Revision No.951 of 2000 -2- perspective. No such illegality much less irregularity or perversity was found or detected which may render the judgment as invalid, therefore, the findings returned by the Courts below regarding conviction stand affirmed. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1995. The petitioner has already suffered a lot of agony due to the pendency of proceedings in the Courts for the last 15 years. He has already undergone some period of the substantive sentence. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Under these peculiar circumstances, this petition is dismissed with the modification in the sentence to the extent that he be released on probation under Section 4 (1) of the Probation of Offenders Act, 1958 on his executing a bond in the sum of Rs.10,000/- with one surety in the like amount, to the satisfaction of the Chief Judicial Magistrate, Faridkot, for a period of one year within which period he shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, he will be ready to serve sentence as and when called for. However, the sentence of fine, which has been converted into costs of litigation is enhanced to Rs.10,000/- and the petitioner is directed to deposit the same within three months from today, failing which this petition shall be treated as dismissed in toto. Copy of the order be sent to the Chief Judicial Magistrate, Faridkot, for compliance. (A.N.Jindal) Judge 07.04.2010 mamta-II