LAWS(P&H)-2013-5-279

RAMPHAL Vs. STATE OF HARYANA

Decided On May 07, 2013
Ramphal and Others Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This revision petition has been preferred by the petitioners against judgment dated 23.3.2013 passed by learned Additional Sessions Judge, Sonepat, thereby dismissing the appeal preferred by the petitioners against the judgment of conviction dated 24.5.2011 and order of sentence dated 25.5.2011 passed by the learned Additional Chief Judicial Magistrate, Sonipat, vide which the petitioners have been convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/- each for commission of offence punishable under Section 448 IPC, in default of payment of fine to further undergo simple imprisonment for one month each. I need not dilate upon the facts of this case in detail as the same have already been recapitulated in the judgment of the learned Courts below and in view of the ultimate prayer of the petitioners seeking reduction in sentence.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioners states that he is not pressing this revision on merit and is not challenging the conviction on merit. He is only aggrieved against the sentence part. However, he prays that the sentence of the petitioners be suitably reduced as this criminal trial is hanging on their head like damocle's sword for 6 = years and it should be a sufficient mitigating circumstance to treat them leniently. Counsel for the petitioners has further submitted that the FIR pertains to the year 2006 and since then a period of 6-1/2 years has elapsed. The petitioners have suffered the ordeal for long period. Learned counsel for the petitioners further contends that the petitioners have already undergone one month and fourteen days.