RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RANJIT Singh and his brother Ajit Singh have filed the present revision petition against the impugned judgments of learned Judicial Magistrate Ist Class, Ludhiana dated 6.3.1999 and of learned Additional Sessions Judge, Ludhiana dated 10.10.2003, whereby the conviction of the present petitioners has been maintained.

(2.) IT is worth mentioning here that the present petitioners along with one Jagdish Singh alias Ujagar Singh were convicted by the learned trial Court under Sections 326/34 IPC and were sentenced to undergo RI for two years and to pay a fine of Rs. 1,000/- each, in default of payment of fine to undergo further RI for two months. The present two petitioners were in fact on bail during the trial whereas their co-accused Jagdish Singh alias Ujagar Singh was in custody and for this reason the period of detention of Jagdish Singh alias Ujagar Singh was set off against the period of sentence awarded to him. The present petitioners along with Jagdish Singh then preferred an appeal. The same also stands dismissed vide impugned judge ment dated 10.10.2003 of the learned Additional Sessions Judge. However, the sentence of two years is reduced to one year. Since Jagdish Singh alias Ujagar Singh had already undergone his period of sentence, he has not preferred the present revision petition and consequently, Ranjit Singh and Ajit Singh have knocked the doors of this Court.

(3.) THE Ld. counsel further submits that both the petitioners have already undergone about two months of their substantive sentence and that keeping in view the compromise effected between the parties, the actually awarded sentence of one year may be reduced to the period already undergone. In support of his contentions, he relies upon Ram Pujan and others v. State of Uttar Pradesh, AIR 1973 Supreme Court 2418 and two judgments of this Court rendered in Santokh Singh v. The State of Punjab, 1978 C.L.R. (Pb.& Hr.) 124 and Ram Chander and others v. The State of Haryana, 1987(2) RCR (P&H) 151.