IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1352 of 2003 Date of Decision 05.02.2010 Gulab Singh and others ...... Petitioners VERSUS State of Haryana ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: None for the petitioners. Mr.Ranvir Singh Arya, Deputy Advocate General, Haryana. ***** A.N.JINDAL, J(ORAL): This is a revision petition, preferred by the petitioners-accused (herein referred as 'the accused'), against the judgment dated 03.06.2003, passed by Additional Sessions Judge, Panchkula, dismissing his appeal against the judgment dated 12.09.2002/16.09.2002, passed by Judicial Magistrate Ist Class, Panchkula, convicting and sentencing him as under:- Under Section 148 IPC : To undergo R.I. for a period of one year. Under Section 323 read with : To undergo R.I. for a period of Section 149 IPC six months. Under Section 325 read with : To undergo R.I. for a period of Section 149 IPC two years and to pay a fine of Rs.500/- each. Under Section 506 IPC : To undergo R.I. for a period of six months and to pay a fine of Rs.500/- each. The record reveals that the accused remained in custody for seven months six days. Keeping in view the peculiar circumstances of the case and the fact that the accused are not previous convicts and no such offence was Criminal Revision No.1352 of 2003 -2- repeated by them thereafter and that two of the accused were more than 70 years. It would not be appropriate to deal with them with a different yardstick particularly when no offence under Section 326 I.P.C. is made out and the offence if any committed by them falls within the purview of Section 324 IPC. The petitioners, who must be now quite old and suffered the agony of protracted proceedings for the last 13 years, therefore, it would not be in the fitness of things to send them to imprisonment again. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone. However, the fine as awarded under Section 325 IPC is enhanced to Rs.3000/- against each of the accused to be deposited within three months from today. The fine, if deposited, would be paid to the complainant/injured. Copy of the order be sent to the Chief Judicial Magistrate, Panchkula, for compliance. (A.N.Jindal) Judge 05.02.2010 mamta-II