Criminal Revision No.280 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.280 of 1992 Date of decision: 31.01.2008 Balbir Singh ..Petitioner versus State of Haryana ..Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr R.A.Sheoran, Advocate for the petitioner Mr.Man Mohan Sikka AAG, Haryana. *** KANWALJIT SINGH AHLUWALIA,J(Oral) The present revision petition has been filed by Balbir Singh son of Shishpal. He was convicted and sentenced by Judicial Magistrate Ist Class, Siwani under Sections 332, 353, 506 IPC. He was awarded rigorous imprisonment for one year under Section 332 IPC and rigorous imprisonment for six months each for the offences under Sections 353 and 506 IPC. Aggrieved against the same, Balbir Singh filed an appeal. The conviction of the petitioner was maintained but sentence was reduced under Section 332 IPC from one year to six months and under Sections 353 and 506 IPC to three months each. Mr.Sheoran appearing for the petitioner has very fairly stated that in the Revisional Court, it is not open to re-appreciate the evidence of witnesses. Both the Courts below have relied upon the evidence of the Criminal Revision No.280 of 1992 2 witnesses. In the alternate, it has been prayed that the occurrence in the present case has taken place on 05.10.1988 and about 20 years are going to elapse. Mr.Sheoran further states that for the last 20 years, the petitioner has committed no offence and is leading a life of a peaceful citizen. The present petitioner's appeal was decided on 23.04.1992, when he was taken into custody. He was ordered to be released on bail by this Court on 04.05.1992. Therefore, the petitioner has undergone few days. I am in agreement with the submission of Mr.Sheoran. There will be no justification to send the petitioner behind the bar after about 20 years of the occurrence, especially when the petitioner has been convicted to the maximum sentence of six months by the Appellate Court below. I also take into account antecedents of accused as stated by counsel into consideration. Ends of justice would be met, in case, the sentence of the petitioner is reduced. Accordingly, I reduce the sentence of the petitioner to already undergone. However, I enhance the fine to Rs.5000/-, which shall be deposited by him in the Trial Court on or before 15.04.2008. In case of non-payment of fine, the present revision shall deem to have been dismissed. The present revision petition stands disposed of in view of my above observations. January 31,2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE Criminal Revision No.280 of 1992 3