IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1594 of 2004 Date of Decision : 13.01.2011. Kulwant Singh & another ...... Petitioners Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Gopal Sharma, Advocate, for the petitioners. Mr. Ranvir S. Chauhan, DAG, Punjab, for the respondent-State. NAWAB SINGH J.(ORAL) This revision is directed against the judgment dated August 2nd, 2004 passed by Additional Sessions Judge, Jalandhar affirming the judgment of conviction and order of sentence dated July 27th, 2000 of Judicial Magistrate First Class, Phillaur, whereby, Kulwant Singh and Jagtar Singh-petitioners were convicted and sentenced as under:- Offence Sentence Fine In default 148 IPC RI for 6 months ` 100/- RI for 15 days 323 IPC RI for 3 months ` 100/- RI for 15 days 325 IPC RI for 2 years ` 300/- RI for 1 month 506 IPC RI for 2 months -- -- 2. Learned counsel for the petitioners has urged that during the pendency of appeal, Jagtar Singh-petitioner has died. He has placed on record his death certificate (Annexure P-1). In view of this, revision filed on behalf of Jagtar Singh stands abated. 3. Qua Kulwant Singh-petitioner, learned counsel has urged that he does not challenge his conviction and prays for reduction of sentence. He further submitted that the occurrence in this case relates to April 19, 1989 over possession of a piece of land between the brothers. Resham-Singh-injured received one grievous and four simple injuries at the hands of the petitioners and their co- Criminal Revision No.1594 of 2004 (2) accused viz. Narain Singh, Sikander Singh, Jasbir Singh, Hardip Singh, Dilbag Singh and Kulbir Singh. Out of them, two have died during trial. A perusal of judgment passed by Additional Sessions Judge would, therefore, go to show that the grievous injury was attributed to Jagtar Singh since deceased and the injury attributed to the petitioner was simple in nature. The petitioner has already undergone actual sentence of four months and seven days vide custody certificate submitted by the State. 4. The aforesaid circumstances are of mitigating nature and justify the request made. Hence, this Court upholds the conviction of Kulwant Singh-petitioner but reduces the sentence to the period already undergone by him. 5. The revision is accepted partly as indicated above. (NAWAB SINGH) JUDGE 13.01.2011. SN