Punjab-Haryana High Court
Mukesh & Anr vs State Of Haryana on 26 September, 2014
Author: Sabina
Bench: Sabina
CRR No.2435 of 2014 (O&M) 1
218
IN THE HIGH COURT OF PUNJAB & HARYANA
CHANDIGARH
CRR No.2435 of 2014 (O&M)
Date of Decision: 26.09.2014
Mukesh and another .....Petitioners
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Balraj Gujjar, Advocate
for the petitioners.
Ms. Loveleen Dhaliwal Singla, Senior DAG Haryana.
****
SABINA, J.
Petitioners have faced trial in FIR No.76 dated 22.03.2008 registered at Police Station Sadar Bhiwani, under Sections 323/326 read with Section 34 of the Indian Penal Code, 1860 (`IPC' for short). The trial Court vide judgment/order dated 20.09.2012/21.09.2012, ordered the conviction and sentence of the petitioners for commission of offence punishable under Sections 323, 325/34 of IPC. The said judgment/order of conviction and sentence passed by the trial Court were upheld in appeal, by the appellate Court vide judgment dated 30.05.2014. Hence, the present petition by petitioners.
Learned counsel for the petitioners has not challenged the conviction of the petitioners under Section 323, 325/34 IPC as ordered by the courts below. It has been submitted that the sentence qua imprisonment of the petitioners be reduced to the period already undergone by them. Learned counsel has further submitted that now MAHAVIR SINGH 2014.09.30 17:13 I attest to the accuracy and authenticity of this document CRR No.2435 of 2014 (O&M) 2 petitioners have undergone more than four months of actual sentence. In fact, petitioners had also suffered injuries in the occurrence, but no case was registered on the basis of the cross version set up by them.
Notice was issued to complainant and injured respondents No.2 & 3, but despite service, none has appeared on their behalf.
Keeping in view the facts & circumstances of the case, it would be just and expedient to reduce the sentence qua the imprisonment of the petitioners to the period already undergone by them.
Accordingly, conviction of the petitioners under Sections 325, 323 and 34 IPC is maintained. However, the sentence qua the imprisonment of the petitioners is reduced to the period already undergone by them. Petitioners are directed to deposit ` 15,000/- each within two months from today before the trial Court as compensation to the injured. The trial Court is directed to release the amount of ` 30,000/- deposited by the petitioners to injured Satbir forthwith. In case petitioners fail to deposit the amount of ` 30,000/- before the trial Court within two months from today, this appeal shall be deemed to have been dismissed. Petitioners who are in custody be set at liberty forthwith, if not required in any other case. Fine as imposed by the trial Court is stated to have already been deposited by the petitioners.
Petition stands disposed of accordingly.
26.09.2014 (SABINA)
m.singh (JUDGE)
MAHAVIR SINGH
2014.09.30 17:13
I attest to the accuracy and
authenticity of this document