Punjab-Haryana High Court
Raghbir And Ors vs State Of Haryana on 13 October, 2014
Author: Sabina
Bench: Sabina
Crl. Revision No. 1692 of 2014 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 1692 of 2014 (O&M)
Date of decision: 13.10.2014
Raghbir and others ......Petitioners
Versus
State of Haryana ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Jitender Dhanda Advocate
for the petitioners.
Ms. Loveleen Dhaliwal Singla, Sr. DAG, Haryana.
Complainant Daya Nand and injured Govind in person
with Mr. V.S.Punia, Advocate.
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SABINA, J.
Petitioners had faced the trial qua commission of offence punishable under Section 323, 325 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 194 dated 1.8.2007, registered at Police Station Sadar Dadri. Trial Court vide judgment/order dated 18.4.2012 ordered the conviction and sentence of the petitioners under Section 323, 325 read with Section 34 IPC. Aggrieved against the said judgment/order of their conviction and sentence, petitioners preferred an appeal and the same was dismissed by the Appellate Court vide order dated 20.5.2014. Hence, the present petition by the petitioners.
During the course of arguments, learned counsel for the petitioners has not challenged the conviction of the petitioners under Section 323, 325 read with Section 34 IPC but has submitted that sentence qua imprisonment of the petitioners be GURPREET SINGH 2014.10.17 10:20 I attest to the accuracy and authenticity of this document Chandigarh Crl. Revision No. 1692 of 2014 (O&M) -2- reduced to the period already undergone by them as the parties have amicably settled their dispute. Fine as imposed by the Trial Court, has since been deposited by the petitioners.
Complainant Daya Nand and injured Govind are present in person and have admitted the factum of compromise between the parties and have stated that they have no objection if the sentence qua imprisonment of the petitioners is reduced to the period already undergone by them.
Keeping in view the facts and circumstances of the present case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioners to the period already undergone by them.
Accordingly, conviction of the petitioners under Section 323, 325 read with Section 34 IPC is maintained. However, sentence qua imprisonment of the petitioners is reduced to the period already undergone by them. Petitioners, who are in custody, be set at liberty forthwith, if not required in any other case.
Petition stands disposed of accordingly.
(SABINA) JUDGE October 13, 2014 Gurpreet GURPREET SINGH 2014.10.17 10:20 I attest to the accuracy and authenticity of this document Chandigarh