VIRENDER & ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present criminal revision is to the judgment dated 16.11.2006 passed by learned Addl. Sessions Judge, Jind whereby the appeal filed by the petitioners challenging their conviction and sentence for the offences punishable under Sections 323 and 324 IPC recorded by Judicial Magistrate First Class, Jind, was dismissed after modification of the order of sentence.

(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 propose to challenge the conviction of the petitioners. However, he submits that a family feud had taken place at the spur of moment in which Phulpati (PW-1) had sustained injuries at the hands of the petitioners; the occurrence had taken place on 20.07.1996 and thereafter the petitioners are continuously facing the agony of trial, appeal and the present revision; during pendency of present criminal case the petitioners were released on bail by all the three courts where the case remained pending and during the said period they did not misuse the said concession; the petitioners are first offenders and they are not involved in any other case; each petitioner has suffered the jail imprisonment for one month and 28 days; fine imposed was deposited before the learned trial Court; after 19 years of the occurrence it would not be appropriate to send the petitioners to jail, particularly when they have already suffered the 2/3rd of the substantive sentence. He further points out that within four days of the occurrence the injuries on the person of Phulpati had healed and she started performing the daily pursuits.

(3.) On the other hand, the learned counsel for the State submits that the petitioners by means of sharp edged weapon had caused injuries on the person of Phulpati who was their sister-in-law (elder brother's wife). He further submits that the appellate Court has already taken a lenient view and the sentence for the offence punishable under Section 323 IPC was reduced to one and a half months while the sentence for the offence punishable under Section 324 IPC was reduced to three months from the awarded sentence of six months and as such, there is no much scope for further reduction of sentence.