Punjab-Haryana High Court
Hari Kishan vs State Of Hry on 9 December, 2014
Author: Sabina
Bench: Sabina
CRR No. 1367 of 2005 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CRR No. 1367 of 2005
Date of Decision:09.12.2014
Hari Kishan ...........Petitioner
versus
State of Haryana ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.S.K.Verma,Advocate
for the petitioner
Mrs.Lovleen Dhaliwal Singla,Senior Deputy
Advocate General, Haryana
**
Sabina, J.
Petitioner had faced trial in FIR No. 94 dated 18.8.1999 registered at Police Station Baroda, District Sonepat under Sections 148/323/324/325 read with Section 149 of the Indian Penal Code, 1860 (`IPC' for short). Trial Court vide judgment/order dated 14/16.2.2004 convicted and sentenced the petitioner for commission of offence punishable under Sections 323/324 and 325 IPC. Appeal filed by the petitioner against the said judgment/order of his conviction and sentence was dismissed by the appellate Court vide order dated 14.7.2005. However, benefit of probation was extended to accused-Dilbag and Devi Singh in appeals filed by them. Hence, the present petition by the accused-petitioner-Hari Kishan.
During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner RAJ KUMARI BHALLA 2014.12.11 15:07 I attest to the accuracy and authencity of this document High Court CRR No. 1367 of 2005 2 under Sections 323/324 and 325 IPC as ordered by the Courts below but has submitted that the sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. Learned counsel has further submitted that the petitioner has been facing criminal proceedings since the year 1999 and is the only bread earner of the family. The two co-accused of the petitioner were ordered to be released on probation by the appellate Court.
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 petitioner to the period already undergone by him.
Accordingly, the conviction of the petitioner under Sections 323/324 and 325 IPC is maintained. However, the sentence qua the imprisonment of the petitioner is reduced to the period already undergone by him.
Petition stands disposed of accordingly.
(Sabina) Judge December 09,2014 arya RAJ KUMARI BHALLA 2014.12.11 15:07 I attest to the accuracy and authencity of this document High Court