CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment dated 1.6.2015, passed by learned Additional Sessions Judge, Kapurthala, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offences punishable under Sections 323 read with Section 34, 324 and 326, IPC, recorded by learned Sub-Divisional Judicial Magistrate, Phagwara, was dismissed.

(2.) On 13.8.2015, when the case came up for preliminary hearing, at that time learned counsel for the petitioner had proposed not to challenge the conviction of the petitioner and, as such, notice was issued with regard to quantum of sentence only. In compliance of the notice issued, learned counsel for the State has put in appearance.

(3.) Learned proxy counsel for the petitioner as well as learned counsel for the State are ad idem that present criminal revision petition can be disposed of at this stage. Learned proxy counsel submits that for the last more than nine years, the petitioner is facing the agony of trial, appeal and the present petition; during pendency of the trial and appeal, the petitioner was released on bail, but he did not misuse the said concession; the petitioner as well as the aggrieved/injured, Surinder Kumar, are businessmen and on account of a previous case pending before the Court, the occurrence had taken place in which Surinder Kumar alleged to have sustained one grievous injury on little finger of right hand while rest of the two injuries were simple in nature; and that the petitioner has already suffered incarceration for seven months and three days and if the remissions earned by him are added, then he has undergone eight months and twenty-three days of substantive sentence. He further submits that the remissions earned by the petitioner would clearly spell out that he (petitioner) is improving himself in the jail. It has also been pointed out that the petitioner is neither required nor involved in any other case. He further states at the bar that the petitioner is ready to adequately compensate the injured, Surinder Kumar.