DUNI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted for an offence under Section 326 and 452 of the Indian Penal Code (in short 'IPC') vide judgment dated 8.10.2007 passed by Judicial Magistrate 1st Class, Hisar. Vide order dated 10.10.2007, he was sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.2000 /- under Section 326 IPC and to undergo rigorous imprisonment for a period of two years and to pay of Rs.1000/- under Section 452 IPC. Both the sentences were ordered to run concurrently.

(2.) Aggrieved by the same, the petitioner preferred an appeal. The revision filed by the complainant and the appeal filed by the appellant-accused were disposed of and the sentence of rigorous imprisonment was reduced to one year under Section 326 IPC and rigorous imprisonment for 6 months under section 452 IPC while sentence qua fine imposed by the trial Court was maintained vide judgment dated 17.11.2009, passed by learned Additional Sessions Judge, Hisar. Hence, the present revision petition under Section 401 of the Code of Criminal Procedure.

(3.) Prosecution case in brief as noticed by learned Additional Sessions Judge in para 4 of its judgment reads as under:-