Crl. Rev. No. 1308 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No.1308 of 2009 (O&M) Date of decision: 6.8.2009 Randhir Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Yashpal, Advocate, for the petitioner. Mr. Tarun Aggarwal, Senior DAG, Haryana. Rajan Gupta, J. This is a revision petition preferred by the petitioners against their conviction and sentence under Sections 323 and 326 IPC. Briefly stated, case of the prosecution is that on 20th June, 1997, on receipt of a medical ruqa, the police reached PHC Bilaspur where statement of injured Balwinder Singh was recorded to the effect that they had purchased a residential plot from Atma Ram son of Inder Singh. Jaspal Singh, Randhir Singh and Balbir Singh sons of Singh Ram wanted to encroach upon the plot in question. On that day at about 8.00 A.M., when he alongwith his brother Ravinder Singh was present in their house, then Jaspal Singh, Randhir Singh and Balbir Singh (petitioners herein) with intent to encroach upon the plot, started collecting building material at the spot. When he and his brother resisted their action, Jaspal Singh started giving filthy abuses. Soon Crl. Rev. No. 1308 of 2009 2 thereafter, Jaspal Singh and Randhir Singh brought Lathi and Gandasi respectively. Randhir Singh gave a Gandasi blow on the head of Ravinder Singh from reverse side and blood started oozing. Jaspal Singh gave a lathi blow on the right leg of Ravinder Singh. As a result, Ravinder Singh fell down on the ground. Thereupon, Randhir Singh gave a Gandasi blow from reverse side on his right ankle. Balbir Singh pelted stones at him hitting his shoulder, back and right leg. Their alarm attracted Santokh , Naresh Kumar who rescued them from the clutches of the accused. Prosecution examined as many as eleven witnesses. The accused also examined four witnesses in their defence. The learned trial court after appraising the evidence, convicted and sentenced the accused under Sections 323 and 326 IPC. The petitioner Randhir Singh was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- under section 326 IPC. Aggrieved against the same, petitioner and his co-accused filed appeal. The said appeal was dismissed qua the petitioner by Additional Sessions Judge, Yamuna Nagar at Jagadhri. Learned counsel for the petitioner at the outset has stated that in view of the findings returned by the trial court, he will not assail conviction of the petitioner and will confine his arguments regarding reduction in sentence only. He stated that he is conscious that the scope in revision is very limited as evidence of the witnesses cannot be re-appreciated and re-evaluated. It has been further submitted that the petitioner is a poor man having small children to look after. During the Crl. Rev. No. 1308 of 2009 3 last 13 years, he has fastened himself with many liabilities of the family. Therefore, in view of the protracted trial, he prays that his sentence be reduced. Learned counsel for the State submits that in case the conviction of the petitioner is maintained, he shall have no objection to reduction of sentence. I have heard learned counsel for the parties. Taking into account totality of circumstances, protracted trial of 13 years and the fact that the petitioner has to support his family, it is directed that the sentence awarded to the petitioner shall be reduced to six months. However, sentence of fine is enhanced to Rs.20,000/- and the same shall accrue as compensation to the injured Ravinder Singh. The fine be deposited within three months from today, failing which, present revision petition shall stand dismissed. Except with modification in the quantum of sentence, as indicated herein above, the revision petition is dismissed. (RAJAN GUPTA) JUDGE August 06, 2009 'rajpal'