Criminal Revision No.583 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 583 of 2008 Date of Decision: May 27, 2009 Gurdev Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.B.S.Bhalla, Advocate for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab Mr.N.S.Sodhi,Advocate for the complainant ** Sabina, J. Petitioner-Gurdev Singh was convicted for an offence under Section 324 of the Indian Penal Code (`IPC' for short) vide judgment dated 16.9.2005 by the Judicial Magistrate Ist Class, Moga. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.300/- under Section 324 IPC. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Moga vide judgment dated 13.3.2008. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court Criminal Revision No.583 of 2008 2 in para 2 of its judgment, are as under:- “The story put forth by the prosecution before the learned trial Court was that on 15.5.2000 at about 8/8.30 a.m. Balwinder Singh (complainant) resident of V.Jindra went to his agriculture land alongwith Buta Singh on his tractor as Buta Singh wanted to plough the field which he had taken on lease from the complainant. The complainant started burning the waste material lying in the field when his brother Gurden Singh (accused) arrived and raised a lalkara that the complainant should not cultivate the said land. When the complainant was still putting the waste on the fire accused Gurdev Singh gave gandasi blow from its sharp side on his back and thus, the complainant fell with this face on the ground. The complainant and Buta Singh raised hue and cry. Then the accused ran away from there with his gandasi. The complainant was admitted in Civil Hospital Kot Ise Khan where he was medico legally examined. On receipt of information regarding the admission of the injured in the hospital SI Nachhattar Pal Singh went there and recorded statement of the complainant, on the basis of which FIR under Section 324 IPC was registered against the accused. SI Nachhatar Pal Singh went to the place of occurrence and prepared site plan of the same. Later the accused was arrested and challenged to face trial under Section 324 IPC”. Criminal Revision No.583 of 2008 3 Learned counsel for the petitioner during the course of arguments has not challenged the conviction of the petitioner under Section 324 IPC. Learned counsel has submitted that the petitioner is not a previous convict and sentence qua imprisonment be reduced to already undergone by him. Keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced. Accordingly, the conviction of the petitioner under Section 324 IPC is maintained. The sentence qua imprisonment is reduced to already undergone by the petitioner. The sentence qua fine is enhanced from Rs.300/- to Rs.3000/-. The enhanced amount of fine be deposited within one month from today before the trial Court failing which the petition shall stand dismissed. With the above modification in the sentence, the criminal revision petition stands disposed of. (Sabina) Judge May 27, 2009 arya