RANJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners had faced the trial qua commission of offence punishable under Section 323, 324, 326, 506 read with Section 34 of the Indian Penal Code ('IPC' for short) and Section 25 of the Arms Act, 1959 ('Act' for short) in FIR No. 267 dated 21.4.2003 registered at Police Station City Ballabgarh. The Trial Court vide judgment/order dated 5.12.2011/6.12.2011 ordered the conviction and sentence of the petitioners under Section 323, 324, 506 read with Section 34 IPC. Petitioner No. 2-Panna Lal was also convicted and sentenced qua commission of offence punishable under Section 25 of the Act. The said judgment/order of conviction and sentence were upheld in appeal filed by the petitioners vide judgment dated 4.4.2013. Hence, the present petition by the petitioners. During the course of arguments, learned counsel for the petitioners has submitted that now the parties have amicably settled their dispute. He has further submitted that conviction of the petitioners as ordered by the Courts below be maintained but sentence qua imprisonment of the petitioners be reduced to the period already undergone by them. Fine as imposed by the Trial Court has already been deposited by the petitioners.

(2.) Learned counsel for respondent No. 2 has admitted the factum of compromise between the parties and has stated that respondent No. 2 has no objection if the sentence qua imprisonment of the petitioners is reduced to the period already undergone by them.

(3.) As per the custody certificate, placed on record by the learned State counsel, petitioners have undergone one month and 21 days of actual sentence. In view of the submissions made by the learned counsel for the petitioner and respondent No. 2, conviction of the petitioners under Section 323, 324, 506 read with Section 34 IPC is maintained. Conviction of petitioner No. 2-Panna Lal under Section 25 of the Act is also maintained. However, sentence qua imprisonment of the petitioners is reduced to the period already undergone by them. Petitioners, who are in custody, be set at liberty forthwith, if not required in any other case.