PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner along with his co-accused had faced the trial qua commission of offence punishable under Sections 326/ 325/ 324/ 323/ 34 of the Indian Penal Code, 1860 ("IPC" for short) in FIR No.74 dated 7.9.1999 registered at Police Station City Gurdaspur. The Trial Court, vide judgment/ order dated 28.1.2008 convicted and sentenced the petitioner and his co-accused qua commission of offence punishable under Sections 326/ 325/ 324/ 323/34 IPC. Appeal filed by the petitioner and his co-accused against the said judgment/ order of their conviction and sentence was dismissed by the Appellate Court vide judgment dated 5.1.2013. Hence, the present revision petition by the petitioner.

(2.) During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Sections 326/ 325/ 324/ 323/ 34 IPC but has submitted that sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. The injury attributed to the petitioner was under Section 323 IPC. Petitioner has undergone about five months of actual sentence. Learned counsel has further submitted that sentence qua fine be enhanced as was done in the case of co-accused Paramjit Singh and another in Criminal Revision No. 530 of 2013. Reference had been made to the order Annexure A-1 passed in the said petition.

(3.) A perusal of the order Annexure A-1 reveals that in the said petition, complainant had appeared and had stated that he had no objection if the sentence qua imprisonment of the petitioners was reduced to the period already undergone by them provided sentence qua fine was enhanced as suggested by the counsel for the petitioners/co-accused.