Criminal Revision No. 2324 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 2324 of 2010 )O&M) Date of decision: 17.9.2010 Nirmal Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.ADS Sukhija, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. Petitioner Nirmal Singh was convicted for an offence under Sections 323 and 324 of the Indian Penal Code (“IPC” for short), vide judgment dated 10.9.2009 passed by the Judicial Magistrate, Ist Class, Ropar. Vide order of the even date the petitioner was sentenced to pay a fine of Rs.500/- under Section 323 IPC and to undergo rigorous imprisonment for a period of six months with a fine of Rs.500/- under Section 324 IPC. Aggrieved by the same, the petitioner preferred an appeal, which was dismissed vide judgment dated 14.8.2010 passed by the Sessions Judge, Rupnagar. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in Criminal Revision No. 2324 of 2010 (O&M) 2 para 2 of its judgment, is reproduced herein below:- “ Mehar Singh complainant got his statement recorded with the police on 12.1.2006 to the effect that on 10.1.2006 he was going to Kisan Mandi, Bela Chowk, Ropar on his bicyle and when at about 3.30 PM he reached near village Shampura, then appellant after coming from back side on cycle, hit his cycle against the cycle of the complainant. Complainant was carrying vegetable bags on the carrier of his cycle. After striking of these cycles complainant fell down, on which appellant entered into scuffle and inflicted injury near left eye of complainant with the help of kara (bangle) worn by appellant in his right hand. Thereafter, appellant picked up a brick from the ground and gave blow with the same in head of the complainant, due to which blood started oozing out. In the meantime, Jasvir Singh cousin brother of complainant reached the spot and he witnessed the entire occurrence. Persons from the adjoining shops also gathered and they saved the complainant from the clutches of appellant. Jasvir Singh took the complainant in injured condition to Civil Hospital, Ropar for treatment. Complainant gained consciousness on 12.1.2006 and thereafter his statement recorded, on which endorsement made on basis of which FIR recorded.” Criminal Revision No. 2324 of 2010 (O&M) 3 Learned counsel for the petitioner, during the course of arguments, has submitted that the petitioner is not a previous convict and is the only bread earner of the family. Learned counsel has not challenged the conviction of the petitioner under Sections 323 and 324 IPC but has submitted that the sentence qua imprisonment be reduced to as already undergone by him. Notice of motion was issued only qua quantum of sentence. Keeping in view the submissions made by learned counsel for the petitioner, the sentence qua imprisonment of the petitioner is liable to be reduced to already undergone by him. Fine as imposed by the trial Court is stated to have already been deposited. Accordingly, conviction of the petitioner under Sections 323 and 324 IPC is maintained. However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. The petitioner be set at liberty forthwith if not required in any other case. The petition stands disposed of accordingly. (SABINA) JUDGE September 17, 2010 anita