Criminal Revision No. 113 of 1993 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No.113 of 1993 Date of Decision: 26.2.2008. Raj Kumar …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Bhanu Partap, Advocate for the petitioner. Mr. Dinesh Arora, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been preferred by Raj Kumar son of Ram Sarup, who was tried by the Court of learned Judicial Magistrate Ist Class, Ambala Cantt. along with Gurpal Singh in case FIR No. 123 dated 14.8.1984 registered at Police Station Mullana under Sections 323, 324, 326, 34 IPC. Briefly stated prosecution case is that on 12.8.1984 at about 7.00 P.M., Pala Ram was present in his house when accused Gurpal and Raj Kumar, who were armed with gandasi came and started abusing, upon which Pala Ram along with Lachhman Dass came out of street. There was exchange of hot words and it is stated that Raj Kumar Criminal Revision No. 113 of 1993 2 caused a gandasi blow on the left arm of Pala Ram. He gave another gandasi blow on the right side of chest of Pala Ram. It is further stated that accused Gurpal caused injuries to Lachhman Das. Sant Ram and Resham were attracted at the spot on raising of lalkara by the injured. The accused were said to have decamped with their weapons. It is further stated that injuries were also caused to the accused. On the basis of statement Ex.PA which was recorded by Balwant Rai, Head Constable on 14.8.1984 at 4.00 P.M. at Civil Hospital Mullana, case was registered against the petitioner. Thereafter, investigation was carried and report under Section 173 Cr.P.C. was submitted. On 18.1.1985, learned Judicial Magistrate Ist Class, Ambala Cantt. charged both Gurpal Singh and Raj Kumar for an offence under Section 326 read with Section 34 IPC for causing grievous hurts to Lachhman. They were further charged under Section 324 read with Section 34 IPC. Learned trial Court relied upon the PW.1 Lachhman Dass and PW.2 Resham Singh. Gurpal Singh had died during trial. Pala Ram had not made the statement against accused. Raj Kumar was sentenced to undergo rigorous imprisonment for three months and a fine of Rs.200/-, under Section 323 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for six months and a fine of Rs.300/- under Section 324 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for one year and a fine of Rs.500/- under Section 326 read with Section 34 IPC. Aggrieved against the same, petitioner had filed an appeal, which was dismissed by the Court of learned Sessions Judge, Ambala. Criminal Revision No. 113 of 1993 3 Grievous injury on the person of Lachhman Dass is attributed to Gurpal Singh who died during trial. Appeal of the petitioner was dismissed on 15.2.1993 and he was taken into custody and was granted bail by this Court on 8.4.1993 and after a few days, he was released on bail from the Jail. Therefore, it has been contended that the petitioner has undergone about two months of his actual sentence. It is further stated that in the present case, occurrence had taken place on 12.8.1985. Petitioner has suffered protracted trial of about 23 years. It is further stated that in the last 23 years, no untoward incident had taken place and the parties are living in peace. It is further stated that petitioner has committed no offence in the last 23 years and he is living his life as an honest and peaceful citizen. It has been further stated that in the last 23 years he has been fastened with many liabilities towards his family and there are marriageable children. Taking into consideration the above said submission of learned counsel for the petitioner, ends of justice will be met if the sentence of petitioner is reduced to already undergone. However, the sentence of fine is enhanced to Rs.10,000/-, which shall be deposited by the Court within three months. Non-deposit of fine shall be considered as dismissal of the present revision petition. The present revision petition is disposed of in above terms. (Kanwaljit Singh Ahluwalia) Judge February 26, 2008 “DK”