BALBIR SINGH @ KALU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CONVICTS Balbir Singh alias Kalu and his son Jugnu have filed this revision petition assailing their conviction and sentence ordered by the courts below. Vide order dated 1.3.2013, conviction of the petitioners stands upheld and notice of motion has been issued in the revision petition re: quantum of sentence only.

(2.) THE petitioners stand convicted under sections 452,325 and 323 IPC and each petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 250/- for each of the offences under sections 452 and 325 IPC and to undergo rigorous imprisonment for six months and to pay fine of Rs. 250/- for offence under section 323 IPC. All the substantive sentences have been ordered to run concurrently. Custody certificate of the petitioners filed today in Court by learned State counsel is taken on record subject to all just exceptions. I have heard counsel for the parties and perused the case file. Counsel for the petitioners prayed that the sentence of imprisonment awarded to the petitioners be reduced to the period already undergone by them, by directing them to pay requisite compensation to the injured persons.

(3.) I have carefully considered the matter. The occurrence took place on 2.2.2006 i.e. more than 7 years ago. During this long period, the petitioners have faced the agony of trial court including appeal and revision petition. Grievous hurt suffered by complainant Amandeep Singh was fracture left humerus bone i.e. non-vital part. Besides it, he suffered two simple injuries. His mother Sikanderjeet Kaur suffered only one simple injury. Petitioner No. 1 has already remained in custody for 4 months 4 days including 10 days remission period whereas petitioner no. 2 has already remained in custody for 3 months 28 days including 10 days remission, out of sentence of imprisonment for one year. In my considered opinion, ends of justice would be met if the sentence of the petitioners is reduced to the periods already undergone by them respectively, with enhancement of fine amount for payment of compensation to the injured persons.