BASANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against order of conviction and sentence dated March 6, 1987 recorded by Judicial Magistrate Ist Class, Moga, vide which petitioner herein was held guilty under Sections 326 and 323 IPC and sentenced to undergo RI for nine months and pay fine of Rs. 200/-, or in default of payment thereof to further undergo RI for one month, under Section 326 IPC, as also to undergo RI for three months under Section 323 IPC. However, the sentences were ordered to run concurrently. Order of learned Magistrate has since been confirmed in an appeal that came to be preferred by the petitioner, vide order dated February 18, 1988.

(2.) THERE is no need at all to mention the facts of the case in detail. The sole contention of learned counsel for the petitioner is with regard to reduction of sentence, i.e., reduce the sentence to that has since already been undergone by the petitioner. Suffice it, however, to mention that on March 5, 1984 Surinder Kumar wife of Gurdip Singh had gone out for disposal of waste in the basket towards the manure pits. It was about 8 A.M. when she reached on the metalled phirni of the village. Her mother-in-law was also coming after attending the call of nature. When Surinder Kaur was returning after throwing the waste, petitioner, armed with a Kulhari (axe) came from the side of fields and told Surinder Kaur that he would teach her a lesson for objectioning his children to attend the call of nature on the manure pit. After that, he gave a Kulhari blow which hit on the left side of head of Surinder Kaur. She fell down and petitioner gave two more blows from blunt side of Kulhari which hit her on her leg while she was lying. The mother-in- law of Surinder Kaur witnessed the occurrence. She raised an alarm, upon which the petitioner ran away with his weapon.

(3.) AFTER hearing learned counsel for the parties, this Court is of the view that petitioner does deserve lenient view in the facts and circumstances of the case. Petitioner has already undergone sentence of one month and ten days. This Court is of the considered view that ends of justice would be met if the sentence imposed petitioner is reduced to the one already undergone by him. It is, however, a case where fine needs to be increased to Rs. 5000/-. So ordered. In default of payment of fine, however, the petitioner shall undergo the sentence as imposed by the Courts below. If fine is paid, the same shall be remitted to Smt. Surinder Kaur, injured. This revision petition is partly allowed in the manner, indicated above. Revision partly allowed.