Criminal Revision No. 2113 of 2002 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2113 of 2002 Date of Decision: 22.4.2010 Nachhattar Singh and Another …Petitioners Versus Lakha Singh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. S.S. Sidhu, Advocate for the petitioners. Mr. A.K. Khunger, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been preferred by Nachhattar Singh and Gurmail Singh, who were prosecuted in a complaint, bearing No. 86 dated 11.10.1994, under Sections 323, 324, 506 and 509 IPC, filed by Lakha Singh, respondent. The trial Court, vide its judgment dated 13.6.2001, found the petitioners guilty for the offence under Section 323 read with Section 34 IPC and vide a separate order, passed on the same day, they were sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.50/- each, in default whereof to further undergo rigorous imprisonment for a period seven days each, for the offence under Section 323 read with Section 34 IPC. Aggrieved against the judgment of conviction and order of sentence, the petitioners have preferred an appeal. The Appellate Court found no merit in the appeal and dismissed the same, vide its judgment Criminal Revision No. 2113 of 2002 2 dated 18.10.2002, by upholding the conviction and maintaining the sentence. Learned counsel for the petitioners, at the outset, submits that he will not contest the conviction. He further submits that in the present case, the occurrence had taken place in the year 1994 and the petitioners have already suffered mental pain and agony of protracted trial for more than 16 years. He further submits that the petitioners have not committed any such offence before the institution of the complaint or thereafter. He further submits that the petitioners are the sole bread earners of their families. The petitioners have undergone about seven days out of three months' sentence awarded to them. Taking into consideration the fact that the petitioners were sentenced to undergo rigorous imprisonment for a period of three months and that too for the offence under Section 323 read with Section 34 IPC, which was for causing simple injuries to the complainant, this Court is of the view that no useful purpose will be served by sending them behind the bars, after a period of more than 16 years. Hence, taking into consideration the antecedents of the petitioners and protracted trial, sentence awarded upon them is reduced to that of already undergone. With the observations made above, the revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge April 22, 2010 “DK”