SUKHWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this criminal revision petition is to the judgment dated 31.01.2014 passed by learned Sessions Judge, Narnaul, whereby appeal filed by the petitioners Sukhwinder Singh (husband), Charanjeet Singh (brother -in -law/Jeth) and Gurbachan Singh (father -in -law) of the complainant, Devender Kaur, challenging their conviction and sentence for the offences punishable under Sections 323, 406 and 498A read with Section 34, IPC, recorded by learned Chief Judicial Magistrate, Narnaul, was dismissed.

(2.) AT the very outset, learned counsel for the petitioners submits that in view of the concurrent findings of both the Courts below, he does not want to challenge the conviction of the petitioners. However, he submits that in view of the facts and circumstances of the case, the sentence awarded to the petitioners is on higher side. He further submits that the marriage of petitioner No. 1 Sukhwinder Singh was solemnized with complainant Devender Kaur in the year 2002. No child was born out of the wedlock. Due to matrimonial dispute, complainant Devender Kaur had filed a divorce petition and the same was accepted and thereafter petitioner No. 1 as well as complainant Devender Kaur had performed their respective marriages with some other persons. He further contends that petitioner No. 2 Charanjeet Singh is a Government teacher and if his sentence is maintained, then he might loose his service. He further contends that petitioner No. 2 is a married person and he has also to maintain his wife and children. It has also been contended that petitioner No. 3 Gurbachan Singh, who is aged more than 70 years and is retired from military, is the father -in -law of the complainant. It has also been contended that petitioner No. 1 (husband) is now aged approximately about 40 years and is an agriculturist and there is none else in his family to perform the agricultural work. Further contends that now he has second wife and children to maintain.

(3.) LEARNED counsel for the complainant, Devender Kaur, has also not disputed the fact that Charanjeet Singh is a Government teacher. He also admits that Gurbachan Singh (father -in -law) of the complainant is aged 70 years and is a retired Army personnel. He also admits that Sukhwinder Singh and Devender Kaur have solemnized their respective marriages after divorce from each other. However, he has supported the arguments of learned counsel for the State with regard to the quantum of sentence.