IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.701 of 2004 Date of Decision 29.09.2010 Karam Singh and another ...... Petitioners VERSUS State of Haryana ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.O.P.Goyal, Sr.Advocate with Ms.Rimpaljit Kaur, Advocate, for the petitioner. Mr.J.S.Rattu, Deputy Advocate General, Haryana, for the respondent-State. ***** A.N.JINDAL, J: The petitioners-accused (herein referred as 'the petitioners') were prosecuted for the offences under Sections 323, 324, 326 read with Section 34 IPC, consequently, vide judgment dated 21/23.01.2003, passed by Chief Judicial Magistrate, Rewari, they were convicted and sentenced to undergo rigorous imprisonment for six months each under Sections 323 and 324 IPC and rigorous imprisonment for one year and a fine of Rs.1,000/- under Section 326 IPC. However, in appeal, they were convicted under Sections 323 & 325 IPC only. The allegations against the petitioners are that they armed with lathies caused injuries to Sama Kaur, Smt.Banarsi, Matri and Leelu. They were charged, tried, convicted and sentenced accordingly. Their appeal also failed. Without assailing the judgment of conviction, some leniency on the quantum of sentence has been sought. Even otherwise, on scrutiny of the impugned judgment, the evidence, as examined by the prosecution, appears to have been appreciated in the right perspective. No such illegality much less irregularity was found in the conduct of the trial or procedure which may result into miscarriage of justice or failure of justice, therefore, the findings of fact returned by the Courts below regarding conviction do not call for any interference at this revisional stage. Criminal Revision No.701 of 2004 -2- Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1996. The petitioners have already suffered a lot of agony due to protracted proceedings pending in the Courts for the last fourteen years. Custody certificates, produced by learned State counsel, reveal that the petitioner Karan Singh has already undergone two months and thirteen days and petitioner Jai Bhagwan has undergone three months and one day of the substantive sentence. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to the extent that they be released on probation under Section 4 (1) of the Probation of Offenders Act, 1958 on their executing a bond in the sum of Rs.10,000/- with one surety in the like amount each, to the satisfaction of the Chief Judicial Magistrate, Rewari, for a period of one year within which period they shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, they will serve sentence as and when called for. However, the petitioners are ordered to pay a sum of Rs.6,000/- as compensation which would be equally shared by the injured Smt.Banarsi, Matri and Leelu but not Sama Kaur as she has already died. The compensation would be deposited within three months from today, failing which they would serve the entire sentence as awarded by the Courts below. Copy of the order be sent to the Chief Judicial Magistrate, Rewari, for compliance. (A.N.Jindal) Judge 29.09.2010 mamta-II