IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2022 of 2003 Date of Decision 09.09.2010 Madan Singh ...... Petitioner VERSUS State of Haryana ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Navneet Chhokar, Advocate, for the petitioner. Mr.J.S.Rattu, Deputy Advocate General, Haryana, for the respondent-State. ***** A.N.JINDAL, J: Assailed in this petition is the judgment dated 19.09.2003, passed by Additional Sessions Judge, Gurgaon, dismissing the appeal of the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 16/17.05.2002, passed by Judicial Magistrate IInd Class, Gurgaon, convicting and sentencing him to undergo simple imprisonment for a period of one month and to pay a fine of Rs.200/- under Section 323 IPC and simple imprisonment for a period of six months and to pay a fine of Rs.200/- under Section 325 IPC. Allegations against the petitioner are that he, while armed with lathi, inflicted injuries on the scalp of complainant Ishwar Singh. Consequently, on trial, he was convicted and sentenced accordingly. His appeal also failed. Without assailing the judgment of conviction, some leniency on the quantum of sentence has been sought. Even otherwise, on scrutiny of the impugned judgment, it transpires that the evidence led by the prosecution appears to have been appreciated in the right perspective. No such illegality much less irregularity or perversity was found or detected which may result into Criminal Revision No.2022 of 2003 -2- miscarriage of justice, therefore, the findings returned by the Courts below regarding conviction do not call for any interference at this revisional stage. Having pondered over the arguments, it transpires that out of the five accused, accused Naurang and Naresh have already been acquitted and in appeal accused Samay Singh was released on probation. The occurrence in this case took place on 17.11.1999. The petitioner has already suffered a lot due to the protracted proceedings. He has already undergone some period of the substantive sentence and is ready to compensate the complainant-injured. There was single injury which was declared grievous. Under these peculiar circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to the extent that he be released on probation under Section 4 (1) of the Probation of Offenders Act, 1958 on his executing a bond in the sum of Rs.10,000/- with one surety in the like amount, to the satisfaction of the Chief Judicial Magistrate, Gurgaon, for a period of one year within which period he shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, he would be ready to serve sentence as and when called for. The petitioner is ordered to pay a sum of Rs.10,000/- as compensation to the injured Ishwar Singh within three months from today, failing which, this petition shall be treated as dismissed in toto. Copy of the order be sent to the Chief Judicial Magistrate, Gurgaon, for compliance. (A.N.Jindal) Judge 09.09.2010 mamta-II