Criminal Misc. No. M-34124 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-34124 of 2008 Date of decision : 10.08.2011 Ram Singh ....Petitioner V/s State of Haryana and others ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: None for the petitioner. Mr. Sidharth Sarup, Dy. Advocate General, Haryana. Mr. Raman Chawla, Advocate for respondents No. 2 & 3. RAJAN GUPTA J. (ORAL) This is a petition under Section 482 Cr.P.C. seeking quashing of order dated 25.11.2008 passed by Sessions Judge, Bhiwani in Criminal Appeal No. 11/2008 whereby sentence awarded to respondents No. 2 & 3 was reduced to imprisonment till the rising of court and fine of `5,000/- each. Aggrieved, the petitioner who is a complainant has preferred the present petition before this court. The petitioner remains unrepresented before the court today. Learned counsel appearing for respondents No. 2 & 3, however, submits that there is no legal infirmity with the order passed by the court below. According to him, conviction was never challenged by the accused. They addressed the appellate court only on the question of sentence which prayer was rightly accepted. Criminal Misc. No. M-34124 of 2008 2 Heard. Brief factual background of the case is that an FIR was registered by the complainant-petitioner alleging that he was assaulted by respondents No. 2 & 3 with lathis and knife. Resultantly, a case was registered. Investigation ensued and challan was presented before the competent court of jurisdiction. The accused were charged for the offences punishable under sections 323, 324, 325 read with 34 IPC. The prosecution examined as many as seven witnesses in support of his case. After considering the evidence, the accused were convicted under sections 323, 324, 325 read with 34 IPC and sentenced as under:- under section 323/34 Fine of `300/- each under section 324/34 R.I. for 03 months under section 325/34 R.I. for 06 months and to pay a fine of `500/- each An appeal was preferred against the said order which came up before Sessions Judge, Bhiwani. At the time of hearing of appeal, accused took the plea that they were not posing any challenge to the trial court judgment on merits. However, on the question of sentence they pleaded for taking a lenient view. The appellate court accepted the prayer and sentenced the accused to imprisonment till the rising of court and to pay a fine of `5,000/- each. It was further directed that in case the accused did not deposit the fine within the stipulated time then they would undergo the sentence imposed by the trial court. Fifty percent of the fine was directed to be paid to injured-complainant (Ram Singh-petitioner herein) as compensation. Criminal Misc. No. M-34124 of 2008 3 There appears to be no legal infirmity with the impugned order. The appellate court merely reduced the sentence while maintaining the conviction of the accused (respondents No. 2 & 3 herein). No ground for interference in inherent jurisdiction of this court is made out. Dismissed. August 10, 2011 (RAJAN GUPTA) Ajay JUDGE