HOSHIAR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPLICANT -petitioner No. 1 Hoshiar Singh, by way of instant application under Section 389 read with Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks suspension of his conviction, during the pendency of the revision petition.

(2.) SHORN of detailed factual background of the case, it would suffice to note, for the purpose of deciding the instant application, that the applicant faced the criminal trial in FIR No. 150 dated 4.9.2002 under Sections 323/325/326/34 IPC, registered at Police Station City, Narwana. The learned trial court, vide its judgement of conviction dated 6.9.2010, held the applicant guilty and convicted him alongwith his co -accused Chandi Ram, for the offences under Section 323/325 and 326 read with Section 34 IPC. Consequently, vide order of sentence dated 7.9.2010 applicant -petitioner No. 1 Hoshiar Singh, alongwith his co -convict Chandi Ram, was awarded the sentence for the offence under Section 323/34 IPC, for a period of 6 months simple imprisonment and Rs. 500/ - as fine. In default of payment of fine, convicts were directed to undergo further sentence for 15 days simple imprisonment. The convicts were awarded sentence to undergo one year simple imprisonment and fine of Rs. 1000/ - for the offence under Section 325/34 IPC. In default of payment of fine, they were directed to undergo further sentence for a period of one month simple imprisonment. Similarly, convicts were awarded the sentence of two years simple imprisonment and a fine of Rs. 3500/ - for the offence under Section 326/34 IPC. In default of payment of fine, they were directed to undergo further simple imprisonment for a period of two months.

(3.) FEELING aggrieved against the above said judgement dated 13.10.2012 passed by the learned Additional Sessions Judge, Jind, petitioners filed the criminal revision petition before this court and sought suspension of sentence during the pendency of the revision petition. The sentence of the petitioners was suspended vide order dated 17.11.2012 and the revision petition came to be admitted for regular hearing vide order dated 23.10.2013.