Mahesh & Anr. vs The State (Govt. Of Nct Of Delhi)
2015 Latest Caselaw 258 Del

$-16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   DECIDED ON : 12th JANUARY, 2015

+            CRL.REV.P. 744/2014 & CRL.M.B.11113/2014

      MAHESH & ANR.                                        ..... Petitioners

                          Through :    Mr.Jati Ram, Advocate.


                          versus

      THE STATE (GOVT. OF NCT OF DELHI)                    ..... Respondent

                          Through :    Mr.Navin K.Jha, APP.
                                       SI Rajiv, PS Badarpur.


       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Open Court)

1. The petitioners have instituted the instant revision petition to

set aside order dated 21.11.2014 passed by learned District and Sessions

Judge in Crl.A. 19/14 by which appeal preferred by the petitioners for

conviction under Sections 341/323/34 IPC was dismissed.

2. The petitioners were convicted for the aforesaid offences by

an order dated 13.12.2013 and were sentenced to undergo RI for four

months under Section 323/34 IPC and SI for seven days under Sections

341/34 IPC. They were directed to pay fine ` 15,000/- each to be given as

compensation to the complainant.

3. During the course of arguments, learned counsel for the

petitioners, on instructions, stated that the petitioners do not intend to

challenge the findings of the Courts below on conviction. He, however,

prayed to modify the sentence order as the petitioners are not previous

convicts and have remained in custody for sufficient duration. Leaned

Addl. Public Prosecutor for the State has no objection if lenient view is

taken.

4. Nominal roll dated 05.01.2015 reveals that the petitioners

have already undergone one month and fifteen days incarceration besides

earning remission for two days. They are not previous convicts and are

not involved in any other criminal case. Their conduct in jail is

satisfactory. The incident of quarrel had taken place all of a sudden

without any prior planning. Injuries sustained by the victim were 'simple'

in nature. The Trial Court has already awarded compensation of `

15,000/- each to be paid by the petitioners.

5. Considering the facts and circumstances of the case, the

sentence order is modified and the period already undergone by the

petitioners in custody in this case is taken as their substantive sentence.

However, they shall pay ` 15,000/- each awarded as 'compensation' to

the victim and failing to pay, they shall undergo default sentence of one

month SI.

6. The revision petition stands disposed of in the above terms.

Pending application also stands disposed of. Trial Court record be sent

back immediately with the copy of the order. A copy of the order be sent

to the Superintendent Jail for information.

7. Order 'dasti.'

(S.P.GARG) JUDGE

JANUARY 12, 2015 / tr