In the High Court of Punjab and Haryana at Chandigarh Crl.Revision No. 768 of 2002 Date of Decision:April 22, 2009 Bahadue Singh and another ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Malkeet Singh,Advocate, for the petitioners Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Petitioner were convicted for an offence under Section 326/34 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 6.2.1998 by Judicial Magistrate Ist Class, Kharar. Vide order or even date passed by learned Judicial Magistrate Ist Class, Kharar, petitioners were sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1000/- each for offence under Section 326 IPC. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Ropar vide judgment dated 10.4.2002. Hence, the present revision petition. Crl.Revision No. 768 of 2002 -2- Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 of its judgment, is as under:- “The brief facts of the case, as advanced by the prosecution are that on 25.8.1995, at about 6. AM, Lachhman Dass complainant was present in his Laundry-shop at Sohana. At that time Bahadur Singh and Ram Kumar came there. Bahadur Singh raised Lalkara that Lachhman Dass be taught a lesson for winning the civil litigation. Ram Kumar caught hold of Lachhman Dass from his neck, while Bahadur Singh caught hold of him from his left arm. He a gave a tooth bite on the left thumb of his hand. On raising an alarm, one Sant Ram reached the spot who rescued the complainant from the hands of the accused persons. Both the accused then ran away from the spot. The injured was taken to Civil Hospital, where he was medically examined and the Medical Officer found two injuries on his person. Injury No. 1 on the thumb was declared as grievous and it was reported that the injury has been caused with a sharp edged weapon.” Learned counsel for the petitioners during the course of arguments has not challenged the conviction of the petitioners under Section 326/34 IPC. Learned counsel has submitted that petitioners are not previous convicts and are facing criminal proceedings since the year 1995. They have already undergone 01 month and 10 days' of actual sentence. There is only one injury on the person of the injured-Lachhman Dass due to tooth bite. Inujry is not on the vital part of the body. Learned counsel has submitted that the sentence of imprisonment of the petitioners be reduced to Crl.Revision No. 768 of 2002 -3- already undergone by them. 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. Accordingly, conviction of the petitioners under Section 326/34 IPC is maintained. However, sentence of imprisonment of the petitioners is reduced to already undergone by them. Petition stands disposed of accordingly. (SABINA) JUDGE April 22, 2009 PARAMJIT