Criminal Revision No.406 of 2002 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.406 of 2002 (O&M) Date of Decision 19.02.2009 Lachman Singh ...... petitioner VERSUS State of Haryana ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.G.S.Sidhu, Advocate, for the petitioner. Mr.Amit Khatkar, Asstt. A.G., Haryana, for the respondent-State. ***** A.N.JINDAL, J(ORAL): Vide judgment dated 10.10.1998, Judicial Magistrate Ist Class, Sirsa, convicted the accused-petitioner (herein referred as petitioner) under Section 323/324 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.4,000/- under Section 324 I.P.C. and to further undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- and in the appeal, sentence imposed upon him under Section 324 of Indian Penal Code was reduced to one year by Additional Sessions Judge, Sirsa, vide his judgment dated 30.01.2002, hence this petition. Sufficient evidence has been placed on record in order to establish the charge against the petitioner. The evidence on the basis of which findings of fact have been returned by the Courts below, appear to have been appreciated in the right perspective. Faced with the situation, learned counsel for the petitioner has prayed for some leniency in the Criminal Revision No.406 of 2002 (O&M) 2 quantum of sentence. Having perused the records of the case, it transpires that the offence was committed in the year 1991. The petitioner appears to have suffered much agony of trial due to the protracted proceedings which remained pending for about 18 years. He has already undergone five months imprisonment out of total sentence. There is nothing to show that he ever repeated the offence. Admittedly, the petitioner is the first offender. Under these circumstances, this petition is dismissed with the modification in the sentence that he is ordered to be released on probation on furnishing personal bond to the tune of Rs.10,000/- with one surety in the like amount to keep peace and be of good behaviour for a period of one year, failing to comply with the terms of bond, he would be ready to serve remaining part of sentence. The petitioner is also ordered to pay Rs.5,000/- on account of compensation to the complainant-injured, failing which this petition shall be treated as dismissed in toto. Copy of the order be sent to the Chief Judicial Magistrate, Sirsa, for compliance. February 19, 2009 (A.N.JINDAL) mamta-II JUDGE