DEVI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition notice to Advocate General, Haryana, was issued regarding sentence only. The Advocate General, has put in appearance through Mr. Harish Rathee, learned State counsel. It has been argued by Mr. Sidhu, that the incident took place way back in 1988 and only three injuries one each to the three accused were attributed by the prosecution and also noticed by the doctor. He has further urged that out of the three injuries, only one was, infact, grievous in nature, the other two being only abrasions, but the accused had been roped in on account of the common intention borne by them.

(2.) After hearing the learned counsel for the parties and considering the manner in which the incident had taken place as also the fact that the accused have undergone the agony of a lengthy trial and that the appeal has been pending for almost ten years and that the accused have also undergone about two months of the sentence since then, this petition is dismissed with the observations that the sentence imposed on the petitioner is reduced to six months R.I. but the fine is increased to Rs. 5,000/- to be shared equally between the two accused and in default of payment of fine, R.I. for one year. The fine, if deposited, to be paid to the injured Hazari as compensation.