Crimainal Revision No. 520 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Crimainal Revision No. 520 of 2009 Date of Decision: 3.6.2009 Joginder Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashu Kaushik, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Mr. Ashu Kaushik, Advocate, appearing for the petitioner, has stated that in compliance with the order dated 30.4.2009, he has verified from the Registry that Baldev Singh, co-accused, has not preferred any revision petition in this Court. Joginder Singh and Baldev Singh were tried by the Court of the Chief Judicial Magistrate, Fatehgarh Sahib, in case FIR No. 32 dated 21.6.1998 registered at Police Station Mianpur, under Sections 186, & 353 IPC and Section 124 of the Punjab State Election Commission Act, 1994. The FIR was recorded by Sikandarpal Singh, Moharrir Head Constable, on basis of letter received from Jarnail Singh, Presiding Crimainal Revision No. 520 of 2009 2 Officer of village Mianpur, which was exhibited as Ex.PA. It was stated in the letter Ex.PA that on 21.6.1998 at about 4.20 P.M., when votes of Panchayat were being counted in the presence of Sarpanch and other candidates, then present petitioner Joginder Singh suddenly came there and had torn the votes with hands and mouth and also misbehaved with the Polling Party. Baldev Singh, co-accused, slapped Jagtar Singh, member of Polling Party and made an attempt to break the door. The police personnel, who were on duty, had fired a shot in the air and the situation was brought under control. The Chief Judicial Magistrate, Fatehgarh Sahib, sentenced present petitioner Joginder Singh along with Baldev Singh to undergo rigorous imprisonment for six months under Section 353 IPC and also imposed fine of Rs.200/- each. In default of payment of fine, petitioner along with Baldev Singh was ordered to further undergo rigorous imprisonment for one month each. Petitioner along with Baldev Singh was also sentenced under Section 186 IPC and 124 of the Punjab State Election Commission Act, to undergo rigorous imprisonment for three months each. All the sentences were ordered to run concurrent. Petitioner had filed an appeal. The appeal was dismissed by the Court of Sessions Judge, Fatehgarh Sahib. Counsel for the petitioner, at the outset, has stated that he will not be in a position to assail conviction of petitioner Joginder Singh as prosecution had examined PW.1 Jagtar Singh, PW2 Devinder Singh, Constable and PW.3 Jarnail Singh and from their testimony, two Courts below have inferred that petitioner has been guilty of offence. Counsel further submits that taking into consideration that occurrence pertain to Crimainal Revision No. 520 of 2009 3 year 1998 and petitioner has suffered a protracted trial of 11 years, this Court may consider the prayer of reduction in sentence. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, has submitted that petitioner had caused obstruction in the work of counting of votes. Taking into consideration that petitioner has suffered a protracted trial of 11 years and the same is construed as mitigating circumstance, sentence awarded to the petitioner under Section 353 IPC is reduced from six months to four months rigorous imprisonment, however, sentence under Section 186 IPC and Section 124 of the Punjab State Election Commission Act, is maintained. With these modifications in the sentence, present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge June 3, 2009 “DK”