Criminal Revision No. 2352 of 2004 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2352 of 2004 Date of Decision: 18.5.2009 Bhola Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Deep Singh, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Counsel for the petitioner has submitted that petitioner Bhola Singh was sentenced by the Court of Judicial Magistrate Ist Class, Mansa, to undergo rigorous imprisonment for one year and to pay fine of Rs.200/- under Section 325 IPC. Petitioner was also sentenced to undergo rigorous imprisonment for six months under Section 323 read with Section 149 IPC. The sentence under Section 323 read with Section 149 IPC awarded upon the petitioner was on various counts. All the sentences were ordered to run concurrent. Aggrieved against the same, petitioner had filed appeal. The Appellate Court upheld the conviction of petitioner, however, reduced the sentence to nine months rigorous imprisonment under Section 325 Criminal Revision No. 2352 of 2004 2 IPC. The Appellate Court had also reduced the sentence of petitioner under Section 323 read with Section 149 IPC to four months rigorous imprisonment. Counsel for the petitioner stated that he will not be in a position to assail conviction of the petitioner as two Courts below, after appreciating the evidence, have returned the finding that the petitioner was guilty of offence. Counsel further submits that in the present case occurrence had taken place on 9.7.1998 and the petitioner has suffered protracted trial of 11 years. Counsel further submits that petitioner should be leniently dealt with. It is further submitted that out of nine months, petitioner has already undergone three months. It is further submitted that petitioner has committed no other offence before the registration of this case or thereafter. Counsel further submits that petitioner at the time of occurrence was aged 35 years and now he has a large family to support and he is a sole bread winner of his family. Taking these facts into consideration, sentence of nine months awarded to the petitioner under Section 325 IPC is reduced to six months rigorous imprisonment. As ordered by the Courts below, sentences awarded to petitioner on various counts shall run concurrent. With these modifications, present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 18, 2009 “DK”