Criminal Revision No. 397 of 1995 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 397 of 1995 Date of Decision: 18.2.2008. Jagtar Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vivek Goel, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been preferred by Jagtar Singh son of Pippal Singh. He has been convicted and sentenced by the Court of learned Judicial Magistrate Ist Class, Gidderbaha, in case FIR No. 16 dated 25.3.1991 registered at Police Station City Malout under Sections 326 and 323 IPC to undergo rigorous imprisonment of one year and a fine of Rs.700/-. In default of payment of fine to further undergo rigorous imprisonment for two months. Aggrieved against the trial Court judgment, petitioner had filed an appeal and the same was also dismissed by the Court of learned Additional Sessions Judge, Faridkot on 18.5.1995. Criminal Revision No. 397 of 1995 2 Petitioner was said to be armed with spade and had given two injuries to Mangal Singh. Injury No.1 was incised wound on the top of right shoulder an this injury was declared as grievous. Injury No.2 was abrasion on the left side of back of abdomen. The petitioner has contended before the trial Court that Manjit Kaur, sister of the petitioner and petitioner himself had suffered injuries in the occurrence. Petitioner himself appeared as a defence witness and gave his version. The trial Court came to conclusion that the defence version is not reliable. Appellate Court also concurred with the findings of the trial Court and held that Mangal Singh was injured and the appellant had no justification to cause the injuries. I am not inclined to re-appreciate the evidence of the witnesses. Mr. Goel appearing for the petitioner has stated that in the present case occurrence pertains to year 1991. He has stated that the petitioner was arrested on 31.3.1991 and was granted bail by the trail Court and was released as an under-trial only on 21.4.1991 and thereafter the petitioner was taken into custody on dismissal his appeal on 18.5.1995 and he was ordered to be released by this Court on 5.6.1995 . Thus, according to Mr. Goel, the petitioner has undergone 40 days of his actual sentence. Taking into consideration that in the present case occurrence pertains to year 1991 and about 17 years are going to lapse and the petitioner has undergone 40 days, it is appropriate that the sentence of petitioner is reduced to already undergone. However, sentence of fine is enhanced to Rs.10,000/-. The amount of fine shall be deposited in the trial court on or before 15.5.2008 and the same shall be disbursed to Criminal Revision No. 397 of 1995 3 injured Mangal Singh. Non-deposit of fine by the petitioner shall be considered as dismissal of the present petition. With these modifications, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 18, 2008 “DK”