Crl. Revision No.1090 of 2005 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH. Crl. Revision No.1090 of 2005 Date of Decision:-14.10.2010 Harnek Singh. ......Petitioner. Versus State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL. Present:- Mr. N.L. Sammi, Advocate for the Petitioner. Mr. Amit Chaudhary, Assistant Advocate General, Punjab for respondent-State. *** A.N. JINDAL, J.(ORAL) Challenge is to the judgment dated 25.5.2005 passed by Additional Sessions Judge-cum-Presiding Officer, Fast Track Court, Ropar dismissing the appeal against the judgment dated 25.9.2003 passed by Sub Division Judicial Magistrate, Kharar convicting and sentencing the petitioner-accused Harnek Singh as under:- Under Section Imprisonment/Sentence 1. 325/149 IPC RI for one year plus fine of Rs.200/-. Crl. Revision No.1090 of 2005 #2# 2. 324/148/506 IPC RI for six months on each count. 3. 323 IPC RI for four months. However, during the appeal the sentence was maintained. Initially there were five accused namely Harnek Singh, Balbir Singh, Bhajan Singh, Labh Singh and Amrik Singh. Out of them Labh Singh and Balbir Singh had died during trial and the remaining three accused namely Harnek Singh, Amrik Singh and Bhajan Singh were convicted by the trial court vide judgment dated 25.9.2003. However, the appellate Court vide judgment dated 25.5.2005 while accepting the appeal qua Amrik Singh and Bhajan Singh, dismissed the same qua the petitioner. Out of the three injured namely Sucha Singh, Gurmeet Kaur and Hardial Singh, the injuries on the persons of Sucha Singh and Hardial Singh were found to be simple in nature whereas injury no.1 on the thigh of Gurmeet Kaur was found to be grevious. The occurrence in this case took place on 31.12.1995 and the first information was lodged on 7.1.1996. Admittedly the accused is the first offender and no such antecedents have been brought on the record so that he could be dubbed as habitual offender. He has already undergone 2-1/2 months of the substantive sentence and he is ready to compensate the injured Gurmeet Kaur who has suffered grevious injury. In view of the above the petition is dismissed with modification in the sentence to that already undergone by him without Crl. Revision No.1090 of 2005 #3# any alteration in the sentence of fine subject to payment of Rs.2,000/- as compensation to Gurmeet Kaur injured within 3 months from today. ( A.N. JINDAL ) JUDGE 14th October, 2010 Vinay