IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.558 of 2004 Date of Decision 28.09.2010 Jasvir Singh @ Kaka ...... Petitioner VERSUS State of Punjab ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: None for the petitioner. Mr.Amit Chaudhary, Asstt. Advocate General, Punjab, for the respondent-State. ***** A.N.JINDAL, J: Assailed in this petition is the judgment dated 15.01.2004, passed by Addl. Sessions Judge, Moga, dismissing his appeal against the judgment dated 21.04.2003, passed by Judicial Magistrate Ist Class, Moga, convicting and sentencing him to undergo rigorous imprisonment for one year and a fine of Rs.300/- under Section 324 IPC and rigorous imprisonment for six months under Section 323 IPC. Allegations against the petitioner are that on 29.09.2000, he while armed with datar, caused injuries to the complainant Amar Singh and Darbara Singh. He was charged, tried convicted and sentenced accordingly. His appeal also failed. The scrutiny of the impugned judgment reveals that sufficient evidence has been led in order to establish the charges against the petitioner. The evidence, on the basis of which findings of fact have been returned by the Courts below, appears to have been appreciated in the right perspective. No such illegality much less irregularity or perversity was found or detected Criminal Revision No.558 of 2004 -2- which may cause prejudice to the accused. Therefore, the findings of fact, returned by both the Courts below regarding conviction do not call for any interference at this revisional stage. The occurrence took place way back on 29.09.2000 and the petitioner has suffered a lot as the sword of sentence remained hanging over his head for such a long period. It may be observed that Amar Singh suffered only one injury whereas Darbara Singh suffered four injuries. All were found to be simple in nature. The petitioner has already undergone two months and fifteen days of the substantive sentence. No such bad antecedents have been brought on record to prove the petitioner as habitual offender. Under these peculiar circumstances, it would be in the fitness of things to reduce the sentence to some extent. Resultantly, this petition is dismissed with the modification in the sentence which is reduced to that of already undergone. However, the petitioner shall pay a sum of Rs.20,000/- as compensation, within three months from today, which would be shared by all the three injured namely Amar Singh, Ishar Singh and Darbara Singh in equal share. Copy of the order be sent to the Chief Judicial Magistrate, Moga, for compliance. (A.N.Jindal) Judge 28.09.2010 mamta-II