IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.1186 of 2008 Date of Decision: May 19, 2009 Ramji Lal ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.S.S.Dinarpur,Advocate, for the petitioner. Mr.Sidarath Sarup, Assistant Advocate General,Haryana ** Sabina, J. Petitioner was convicted for offence under Section 326 of the Indian Penal Code (`IPC' for short) vide judgment dated 3.3.2007 by the Judicial Magistrate Ist Class Jagadhri. Vide order of even date, petitioner was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 5000/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Yamuna Nagar vide judgment dated 2.7.2008. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “Brief facts leading to filing of the present appeal are: that seven persons, namely Ramji Lal, Gian Chand, Rajbir Singh, Chhaju Ram Rameshwar, Rakesh Kumar and Kulwant Singh, all residents Criminal Revision No.1186 of 2008 -2- of village Gulabgarh were booked in a case bearing FIR No.71 dated 25.3.1996 under Section 14,149,323 & 326 IPC by the police of police station Sadar Yamuna Nagar at the instance of complainant (PW1) Ratna Ram who had stated before the police that he is labourer by profession and on 25.3.1996 the employees of the electricity department had come to their village in order to connect the electric supply to the house of one Pala Ram and they were intending to lay the electric wires over his house. When he and his sons resisted for the same, the employees of the electricity department left the spot. Thereafter, at about 5 PM accused Ramji Lal asked his son Surjit Kumar as to why they had resisted for the same and an altercation took place between them and Ramji Lal gave a slap blow to his son Surjit Kumar. Thereafter, he (Ramji Lal) went to his house and came alongwith his sons Rameshwar, Rakesh, Kulwant, his brother Rajbir and one Gian Chand, armed with iron rods and lathis. At that time, he (complainant) and his son Surjit Kumar were standing in the street. Accused Ramji Lal gave an iron rod blow on his left eye and another blow thereof on his eye. He fell down. Rajbir etc. had inflicted injuries to his sons Surjit Kumar, Yad Ram and Hari Chand with lathis and iron rods. His sons also inflicted injuries to the opposite party in their self defence. Numbers of people gathered over there. Thereafter, his sons took him to civil hospital, Yamuna Nagar for treatment. On his statement, Ex.PA, the present case was registered and the investigation was put into action. During investigation, relevant medical record was taken into possession. Accused persons were Criminal Revision No.1186 of 2008 -3- arrested and the statements of the witnesses were recorded. On completion of all the formalities of the investigation, the final report under Section 173 Cr.P.C was presented before the learned Illaqa Magistrate.” Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Section 326 IPC. Learned counsel has further submitted that the petitioner is not a previous convict and is facing criminal proceedings since 1996. It was a case of cross version. Learned counsel has submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him. Accordingly, keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Hence, the conviction of the petitioner under Section 326 IPC is maintained and the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of. (Sabina) Judge May 19, 2009 arya