Crl.Rev.No.1770 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1770 of 2009 Date of Decision:- 09.09.2009 Karamjit Singh and others ....Petitioner(s) versus. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Manish Kumar Singla, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. In the present petition, the petitioners were tried for offences punishable under Sections 326/323/325/324 read with Section 34 IPC in an FIR No.38 registered on 24.2.2001. On the basis of the challan presented, the trial Court framed the charges and thereafter amended the same and charged the accused-petitioners under Section 148/326/325/323 read with Section 149 IPC to which they pleaded not guilty and claimed trial. On the basis of the evidence led by the parties, the learned Sub Divisional Judicial Magistrate, Moonak, convicted the petitioners for the offences for which they were charged and thereafter sentenced them in the following manner:- 1. Karamjit Singh 148 IPC Rigorous imprisonment for 6 months. 326 IPC Rigorous imprisonment for 2 years and to pay a fine of Rs.1000/-. In Crl.Rev.No.1770 of 2009 2 default of payment of fine, he shall further undergo R.I. for one month. 324 IPC Rigorous imprisonment for 6 months. 325/149 IPC Rigorous imprisonment for 6 months and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month. 324/149 IPC Rigorous imprisonment for 3 months, 323/149 IPC Rigorous imprisonment for 2 months, 2. Surjit Singh 148 IPC Rigorous imprisonment for 6 months, 325 IPC Rigorous imprisonment for 1 year and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, 326/149 IPC Rigorous imprisonment for 1 year and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, 324/149 IPC Rigorous imprisonment for 3 months, 323/149 IPC Rigorous imprisonment for 2 months, 3. Jinder Ram 148 IPC Rigorous imprisonment for 6 months, 324 IPC Rigorous imprisonment for 6 months, 326/149 IPC Rigorous imprisonment for 1 year and to pay a fine of Rs.500/-. In default of Crl.Rev.No.1770 of 2009 3 payment of fine, he shall further undergo R.I. for one month, 325/149 IPC Rigorous imprisonment for 6 months and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, 323/149 IPC Rigorous imprisonment for 2 months, 4. Bhola Singh 148 IPC Rigorous imprisonment for 6 months, 323 IPC Rigorous imprisonment for 6 months, 326/149 IPC Rigorous imprisonment for 1 year and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, 325/149 IPC Rigorous imprisonment for 6 months and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, 324/149 IPC Rigorous imprisonment for 6 months 5. Gurdev Singh 148 IPC Rigorous imprisonment for 6 months, 323 IPC Rigorous imprisonment for 6 months, 326/149 IPC Rigorous imprisonment for 1 year and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, Crl.Rev.No.1770 of 2009 4 325/149 IPC Rigorous imprisonment for 6 months and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo R.I. for one month, 324/149 IPC Rigorous imprisonment for 3 months All the sentences were, however, ordered to run concurrently. The appeal preferred by the petitioners was dismissed by the learned Additional Sessions Judge, Sangrur, vide judgment dated 3.7.2009 leading to the filing of the present revision petition before this Hon'ble Court. Counsel for the petitioners does not press the present petition on merits, however, he submits that a lenient view may be taken in the matter of sentence as the petitioners are facing trial in an FIR which was registered in the year 2001 and they have faced the agony of protracted trial/appeal and have also undergone some of the sentence. It is further his contention that the petitioners are the sole bread-winners of their respective families with small children to support who are dependent upon them. It is further his submission that the petitioners are not previous convicts and during the pendency of the trial, no other offence has been committed by them. On the basis of these submissions, counsel prays for taking a lenient view in the matter and states that the injured may be compensated by way of some amount by this Court and the sentence of the petitioners may be reduced to the period already undergone by them. The factual contention which has been raised by the counsel for the petitioners that the petitioners are not previous convicts nor are they Crl.Rev.No.1770 of 2009 5 involved in any other case after the FIR was registered against them since the year 2001 as also that they are the sole bread winners of the family with children to support, has not been disputed by the counsel for the State. I have heard counsel for the parties and have gone through the records of the case. Undisputedly, the present petitioners are facing the agony of protracted trial and thereafter the appeal for the last more than 8 and half years and there is nothing on the record to suggest that they have repeated the offence during this period or have been involved in some other case. Thus, the ends of justice would be sufficiently met if the sentence awarded to the petitioners is reduced by granting compensation to the injured Pala Singh son of Kapoor Singh and Dhan Singh son of Nek Singh. Accordingly, the sentence awarded to the petitioners is reduced to the period already undergone subject to their depositing the amount of compensation. Accordingly, it is directed that petitioner No.1-Karamjit Singh son of Gurdev Singh and petitioner No.2-Surjit Singh son of Kapoor Singh shall pay compensation of Rs.20,000/- each to both the injured persons whereas petitioner No.3-Bhola Singh son of Gurdev Singh, petitioner No.4-Jinder Ram son of Jagan Nath and petitioner No.5-Gurdev Singh son of Santa Singh shall pay an amount of Rs.10,000/- each to both the injured persons. The order reducing the sentence to the period already undergone shall come into effect from the date of deposit of the amount of compensation, as assessed above, with the Chief Judicial Magistrate, Sangrur. The amount of compensation be disbursed to the injured Dhan Singh son of Nek Singh and Pala Singh son of Kapoor Singh within a period of three months from the date of deposit of the amount of compensation. Crl.Rev.No.1770 of 2009 6 With the above modification in the sentence, the instant revision petition stands disposed of. September 09, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE Crl.Rev.No.1770 of 2009 7