Crl. Rev.No.1768 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1768 of 2006 Date of Decision: 2 - 12 - 2011 Maan Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Ritesh Pandey, Advocate for the petitioner. Mr.J.S.Sandhu, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been preferred by Maan Singh son of Geja Singh, resident of Village Alma, Tehsil and District Gurdaspur. He was sent for trial along with his brother Bhajan Singh, wife Jeeto, Shindow wife of brother Bhajan Singh and Veero wife of Gurdit Singh in a case arising out of FIR No.36 dated 1.5.1997 registered at Police Station Shri Hargobindpur under Sections 452, 325, 323, 148 and 149 IPC. The Court of Judicial Magistrate Ist Class, Batala vide impugned judgment dated 10.1.2002 held that no offence under Section 452 IPC is made out but convicted the accused for offence under Sections 325/149 and 323/149 IPC. The trial Court vide a separate order of even Crl. Rev.No.1768 of 2006 [2] date, however, released Jeeto and Shindo on probation for a period of one year to keep peace and be of good behaviour and to appear before the Court as and when called to receive the sentence. However, petitioner-accused Maan Singh was substantively sentenced under Section 325/149 IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.300/-. Accused Veero and Bhajan Singh were sentenced to undergo rigorous imprisonment for one year under Sections 325/149 IPC and also to pay a fine of Rs.300/- each and in default of payment of fine to undergo further rigorous imprisonment for three months. Veero and Bhajan Singh were further sentenced to undergo rigorous imprisonment for six months under Section 323 IPC and petitioner-accused Maan Singh was sentenced to undergo rigorous imprisonment for six months under Sections 323/149 IPC. All the sentences were ordered to run concurrently. Aggrieved against the same, petitioner Maan Singh, Bhajan Singh and Veero preferred an appeal. The Appellate Court dismissed the appeal and upheld the conviction of the accused-petitioner but released Bhajan Singh and Veero on probation. Hence, the present revision petition has been filed only by Maan Singh. Counsel for the parties are in agreement that petitioner Maan Singh had caused grievous injury on the left elbow of complainant Rajwinder Kaur. Counsel for the petitioner has stated that in the present case occurrence had ensued due to exchange of abuses between the women. Counsel has further submitted that a period of more than 14 years has elapsed and petitioner Maan Singh before the registration of the present case and thereafter has committed no other offence. He is leading life of an Crl. Rev.No.1768 of 2006 [3] honest peaceful man. He has further submitted that on 29.10.2001 at the time of recording the statement under Section 313 Cr.P.C., petitioner Maan Singh was aged about 56 years. According to the counsel, at present petitioner Maan Singh is 66 years of age. Taking into consideration sufferance of protracted trial, age and antecedents of the petitioner, this Court is of the opinion that by sending the petitioner behind the bars, no useful purpose would be served and this Court is of the view that an opportunity ought to be granted to the petitioner to reform himself and tread on the path of rectitude, especially when his all co- accused have been released on probation. According to counsel for the petitioner, petitioner has also undergone about three months actual sentence out of the sentence of one year awarded by the trial Court. Hence, the present revision petition is disposed of and the petitioner is ordered to be released on probation for a period of one year on his furnishing bonds to the satisfaction of Chief Judicial Magistrate, Gurdaspur that he shall maintain peace and be of good behaviour. However, in case the petitioner fails to furnish the bonds and comply with the conditions specified therein, the trial Court may call upon the petitioner at any time to receive the sentence. The petitioner shall also pay Rs.10,000/- as costs of litigation. The amount of cost, so deposited, be disbursed to injured Rajwinder Kaur. However, in case any amount has already been deposited, the same shall be adjusted. ( KANWALJIT SINGH AHLUWALIA ) December 2, 2011 JUDGE RC