NIRPAL SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two criminal petitions bearing CRR nos. 1779 of 2007 and 2812 of 2008.

(2.) The petitioners in CRR no.1779 of 2007 have questioned the conviction and sentence awarded to them. The petitioners were tried for having committed offence under Section 323,452, 506,34 IPC. The Trial Court convicted and sentenced them to undergo RI for 1 year under Section 452 & 506 IPC while under Section 323 to undergo SI for 6 months. In appeal, the appellate Court acquitted the petitioners of offence under Section 452 IPC but reduced the sentence under Section 506 IPC to that of 6 months and maintained sentence under Section 323 IPC which is also six months.

(3.) In the instant revision petition, learned counsel for the petitioners does not impugn the issue on merits but contends that the occurrence is of 8.11.1999 and so many years have elapsed since then. It is further stated that the occurrence took place on a trivial issue between covillagers when the complainant was removing pigeon pea products leading from his fields which led to an altercation between him and the complainant and subsequent incident of violence resulting in injury with an axe which is described as deep cut in size 6.0 x 0.5 cm, bone deep in the head. He thus contends that taking into consideration all the facts cumulatively the petitioners deserves the leniency. Both of them have already undergone imprisonment for a period of 1 month and 11 days out of the total substantive sentence of 6 months awarded to them.