Punjab-Haryana High Court
Deen Dayal (Criminal Revision Qua Him ... vs State Of Haryana on 2 June, 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Revision No. 1490 of 2006.
Date of Decision : 2.6.2011.
1. Deen Dayal (Criminal revision qua him abated)
2. Jai Bhagwan & others
...... Petitioners
Versus
State of Haryana
...... Respondent
CORAM : HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Rakesh Dhiman, Advocate,
for the applicants-petitioners.
Mr. Satyavir Yadav, DAG, Haryana.
Complainant in person with
Mr. Depender Singh, Advocate.
NAWAB SINGH J.(ORAL)
This revision is directed against the judgment dated July 17th, 2006 passed by Additional Sessions Judge, Fast Track Court, Gurgaon affirming the judgment of conviction dated December 5th, 2002 and order of sentence dated December 7th, 2002 of Judicial Magistrate First Class, Gurgaon, whereby petitioners were convicted and sentenced as under:-
Offence Sentence Fine In default 148 IPC RI for 1 year -- 323/149 IPC RI for 2 months Rs.100/- RI for 1 month 325/149 IPC RI for 2 years Rs.300/- RI for 1 month 326/149 IPC RI for 3 years Rs.900/- RI for 1 month 452 IPC RI for 2 years Rs.200/- RI for 1 month
The sentences were ordered to run concurrently.
2. Learned counsel for the petitioners has urged that he does not challenge the conviction and prays for reduction of the sentence to the period already undergone by the petitioners. He has Criminal Revision No. 1490 of 2006 (2) further submitted that the petitioners have already undergone the actual sentence of 3 months. They have suffered the agony of protracted criminal proceedings spreading over a long period of more than 21 years, they are not previous convict nor have indulged in any criminal activity before or after registration of this case and are the only bread earners of their families.
3. The aforesaid circumstances are of mitigating nature and justify the request made. Hence, this Court upholds the conviction of the petitioners but reduces the sentence to the period already undergone by them.
4. The revision is accepted partly as indicated above.
(NAWAB SINGH) JUDGE 2.6.2011.
SN