OM PARKASH ALIAS PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 31.5.1989 passed by the learned Additional Sessions Judge, Sonepat, whereby the order of conviction passed by the learned trial Magistrate has been upheld but sentence has been reduced from 9 months to 6 months for the offence under Section 452 IPC and from one year to 6 months for the offence under Section 326 whereas for the offence under Section 324 IPC the sentence and that of fine for all has been maintained.

(2.) AFTER arguing for some time, learned counsel for the petitioner has stated that the occurrence in the present case took place in the year 1982 and thereafter, since then the petitioner is suffering the travails of long trial and, therefore, the question of sentence may be considered. As already noticed above, the petitioner has been sentenced to undergo imprisonment for 6 months vide order dated 31.5.1989. The present petition was admitted on 20.6.1989 and bail was ordered to the satisfaction of CJM/Duty Magistrate, Sonepat. Therefore, the petitioner has undergone about 20 days of imprisonment.

(3.) THEREFORE , while maintaining the conviction it is ordered that the sentence already undergone would meet the ends of justice. The order imposing fine is, however, set aside for the reason that it would be in the interest of justice to award compensation to the victim in accordance with the provisions of Section 357(3) Cr.P.C. which reads as under :-