In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 263 of 2002 Date of Decision:February 26, 2009 Natha Singh and another ---Petitioners versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. D.N.Ganeriwala, Advocate, for the petitioners Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Petitioners were convicted for an offence under Sections 353/34 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 9.12.1998 by Sub Divisional Judicial Magistrate, Dabwali along with their co-accused-Baldev Singh. Vide order dated 11.12.1998 passed by learned Sub Divisional Judicial Magistrate, Dabwali, petitioners were sentenced to undergo rigorous imprisonment for two years and file of Rs. 2000/- under Sections 353/34 IPC. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Sirsa vide judgment dated 11.1.2002. Hence, the present revision petition. Prosecution story, in brief, as noticed by the learned Appellate Crl. Revision No. 263 of 2002 -2- Court in para 2 of its judgment is as under:- “Shri Jagbir Singh,Traffic Manager, Haryana roadway posted at Mandi Dabwali along with other officials of the department and three police constables was proceeding at Sirsa road for checking of unauthorised use of the private vehicles for carrying passengers when a private jeep loaded with passengers arrived. Instead of putting the jeep to half, on a signal given by the checking party, its driver drove at a very high speed and negligently. Checking party, who were having an official vehicle, chased the jeep. The jeep was intercepted when it was stopped to allow some passengers to get down. The driver of the jeep who disclosed his name Baldev Singh (accused) refused to produce documents of the vehicle and tried to flee but was apprehended. in the meantime, his co-accused Harcharan Singh and Natha Singh came there and grappled with the officials. in the process, the uniform of Subhash Chander, constable was torn. Matter was reported to the police by the Traffic Manager on the same date. FIR, was registered at police station, City Dabwali and investigation was taken up. Accused were arrested. After completion of investigation, challan was presented against them in the court.” Learned counsel for the petitioners during the course of arguments has not challenged the conviction of the petitioners under Section Crl. Revision No. 263 of 2002 -3- 353/34 IPC. Learned counsel has submitted that the sentence of imprisonment of the petitioners be reduced to already undergone by them. The incident, in question, relates to the year 1994. Petitioners have undergone 2 months of actual sentence. Keeping in view the submissions made by learned counsel for the petitioners, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioners. Fine is said to have already been deposited by the petitioners. Accordingly, conviction of the petitioners under Section 353/34 IPC is maintained. However, sentence of imprisonment is reduced to already undergone by them. Petition stands disposed of accordingly. (SABINA) JUDGE February 26, 2009 PARAMJIT