In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 384 of 2009 Date of Decision:March 17, 2009 Harjit Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Ashu Kaushik,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Harjit Singh – petitioner was convicted for an offence under Sections 324 of the Indian Penal Code (hereinafter referred to as “IPC”) vide judgment dated 19.4.2006 by Sub Divisional Judicial Magistrate, Kharar. Vide order of even date passed by learned Sub Divisional Judicial Magistrate, Kharar, petitioner was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 300/- for offence under Section 324. Aggrieved by the same petitioner preferred an appeal which was dismissed by Additional Sessions Judge, Mohali vide judgment dated 2.2.2009. Hence, the present revision petition. Brief facts of the case as noticed by the learned appellate court Crl. Revision No. 384 of 2009 -2- in para 2 of its judgment is as under:- “ This case has been registered at the instance of Satpal Singh on the allegations that he is working as HC in Police and that at the time of occurrence, he was posted with S.P.City Balkar Singh at Patiala. The family members of said S.P. used to reside in Sector 71 H.No. HIG 205, Mohali. Keeping in view the circumstances in the State of Punjab, he along with Radha Krishan was deputed to stay in the house of S.P. at Mohali. On 2.3.1997 they were standing on the road when Harjit Singh accused resident of H.No. HIG 204 started abusing S.P. as the water from his house used to leak in the house of the accused regarding which , he had some grudge. He used derrogatory language and they tried to explain the accused but to no avail. On the next day. At about 8-00 A.M. they, were standing out side the house in connection with their duties when the accused came from him house and started abusing them. He had wrapped a white shawl around him. He started threatening them. They told him that they are employee only and if he has any grudge that is with S.P. They requested that why he is abusing them. Then suddenly accused took out a knife which he had hidden in side the shawl and inflicted blow hitting him on the left side of his chest. The accused gave another knife blow, but he saved himself by moving towards one side. As a result of the occurrence, his shirt was torn and blood started Crl. Revision No. 384 of 2009 -3- oozing out. He raised alarm, Marta Marta, which attracted Radha Krishan to the spot. The accused ran away from the spot. The motive behind the occurrence was that the accused had some differences with S.P. on account of seepage of water. That is why he inflicted the injuries upon him. The case was investigated. Statements of the witnesses were recorded. Site plan was prepared. The weapon of offence was taken into possession. The accused was arrested and after the completion of investigation. The challan against the accused was presented in the court.” Learned counsel for the petitioner has submitted that the occurrence in the present case had taken place on 3.3.1997. Petitioner is facing criminal proceedings since then. Petitioner is not a previous convict. Learned counsel further submits that petitioner was suffering from facial palsy. Only one injury was allegedly suffered by the injured. Learned counsel for the petitioner has not challenged the conviction of the petitioner under Sections 324 IPC as ordered by the courts below but has submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him. Keeping in view the facts of this case, it is a fit case where the sentence of imprisonment of the petitioner is liable to be reduced to already undergone by the petitioner. Accordingly, conviction of the petitioner under Sections 324 IPC as ordered by the courts below, is maintained. Crl. Revision No. 384 of 2009 -4- However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of accordingly. (SABINA) JUDGE March 17, 2009 PARAMJIT