ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ANIL Kumar, Ram Kumar, Surjit Singh and Raj Kumar petitioners have filed the instant petition to lay challenge to the judgments passed by the Courts below whereby the petitioners have been convicted and sentenced for commission of offence punishable under Sections 323, 452 of the Indian Penal Code (for short ''IPC ''). Notice of motion was issued to hear the parties on quantum of sentence. Custody certificates of the petitioners, filed in Court, are taken on record.

(2.) COUNSEL for the petitioners would contend that the petitioners have already suffered sufficiently and undergone trauma of proceedings for the last more than 07 years. Their custody period is more than five months since the dismissal of their appeal by the Court of Sessions. It is prayed that keeping in view the nature of offence and character and antecedents of the petitioners, sentence awarded to them may be reduced to the period already undergone and they are ready to pay compensation to the injured -victim, if so directed.

(3.) KEEPING in view totality of the facts and circumstances discussed hereinabove, the sentence awarded to the petitioners for offence under Sections 323, 452 IPC is reduced to imprisonment for a period of six months. The order passed by the trial court that both the sentences shall run concurrently and payment of fine shall remain intact. However, the petitioners shall deposit Rs. 5000/ - each with the trial court within a period of 15 days which shall be payable to the injured victim towards compensation. The failure of the petitioners to deposit the amount would result in deemed dismissal of the petition.