Sandeep vs State Of Haryana
2023 Latest Caselaw 1424 P&H

         IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH
314
                                                         CRR-1863-2007
                                             Date of decision: 23.01.2023

Sandeep                                                          .....Petitioner

                                   Versus

State of Haryana                                               .....Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present :     Mr. P.S. Jammu, Advocate
              for the petitioner.

              Mr. Surender Singh, AAG, Haryana.

                                    ****

MANJARI NEHRU KAUL, J. (ORAL)

The petitioner has filed the instant revision petition to

impugn the order dated 19.09.2007 passed by learned Sessions Judge,

Sirsa whereby the appeal preferred by him against the judgment of

conviction dated 03.04.2006 and order of sentence dated 04.04.2006

passed by learned Chief Judicial Magistrate, Sirsa, was dismissed.

Vide judgment dated 03.04.2006 learned Chief Judicial

Magistrate, Sirsa, convicted and sentenced the petitioner as under:-

Offence(s) Period of sentence Fine Period of imposed sentence in default of payment of find 452 of the IPC RI for 02 years Rs.500/- SI for 03 months 323 of the IPC RI for 06 months - -

The case as set up by the prosecution may be noticed as

thus:

The FIR in question was registered at the instance of Pooja

Sharma that her elder sister Renu was married with Rajender and she

had filed a complaint of dowry demand against her in-laws. On

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01.07.1999 at about 08:30 A.M. when she and her sister Renu and Anu

were in the house, accused Rajender, Sandeep and Guddi alias Rakesh

came to their house. On coming they not only threatened Renu to

withdraw the criminal case institute against them but also beaten her

up. When the complainant intervened, Sandeep gave a rod blow on her

head as a result of which blood starting oozing. Her sisters rescued her

from the clutches of the accused who thereafter fled away.

I have perused the judgments passed by Courts below and

do not find any illegality much less perversity in the said judgments.

Learned counsel for the petitioner has fairly submitted that

in view of the findings of fact recorded by both the Courts below, he

would not press the instant revision petition on merits and would

instead restrict his prayer qua the sentence only. Learned counsel

submits that the occurrence in question pertains to the year 1999 and

the petitioner has thus, suffered the agony of trial for the last 24 years.

Learned counsel further submits that the petitioner has been leading the

life of a disciplined and peace loving citizen ever since then and is not

involved in any other criminal case. A prayer, therefore, has been made

that in the aforesaid facts and circumstances, a lenient view may be

taken and the quantum of sentence awarded to the petitioner by the

Trial Court be reduced to the period already undergone as no useful

purpose would be served by sending the petitioner behind bars.

The custody certificate, which has been filed by the State

counsel today in Court, does not reflect the involvement of the

petitioner in any other criminal case.

Heard learned counsel for the parties and perused the

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relevant material available on record.

Keeping in view the facts and circumstances of the case as

well as the submissions made by learned counsel for the petitioner, this

Court is of the considered view that ends of justice would be met, if

while maintaining the conviction of the petitioner his substantive

sentence of two years is reduced to the sentence already undergone by

him in the present case.

However, fine imposed on the petitioner is enhanced from

Rs.500/- to Rs.10,000/-. It is made clear that in case of non-deposit of

fine with the trial/successor Court within a period of two months from

the date of this order, benefit of reduction of sentence shall not accrue

to the petitioner and he will be required to undergo the remaining part

of the sentence awarded to him. On deposit of fine, the same shall be

disbursed to the injured, as directed above.

With the aforesaid modifications, the instant revision

petition is disposed of.

23.01.2023                                 (MANJARI NEHRU KAUL)
Vinay                                             JUDGE
             Whether speaking/reasoned         :     Yes/No
             Whether reportable                :     Yes/No




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