Punjab-Haryana High Court
Paramjit Singh vs State Of Punjab & Another on 10 April, 2024
Neutral Citation No:=2024:PHHC:049520
CRR-3647-2018(O&M) -1- 2024:PHHC:049520
242
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRR-3647-2018(O&M)
Date of Decision:10.04.2024
PARAMJIT SINGH
... Petitioner
Versus
STATE OF PUNJAB & ANOTHER
... Respondent
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.
Present:- Mr. Subham Chandel, Advocate for
Mr. S.K.Singla, Advocate for the petitioner.
Mr. Adesh Pal Singh, AAG, Punjab.
Mr. Mahipal S.Yadav, Advocate for
the complainant-respondent No.2.
*****
SANJIV BERRY, J.(ORAL)
By way of the present Revision, petitioner has sought quashing
of order dated 01.09.2018 passed by ld. Additional Sessions Judge, Sangrur
and judgment of conviction and order of sentence dated 01.06.2017 passed
by learned Sub- Divisional Judicial Magistrate Malerkotla, in FIR No.98
dated 03.09.2014, under Sections 326, 420, 120-B, 201 IPC, Police Station
City-1, Malerkotla, vide which petitioner was convicted and sentenced to
undergo imprisonment as under:-
Name of the Section Imprisonment
Convict
Paramjit Singh 326 IPC To undergo rigorous imprisonment for a period
of two years and to pay fine of ₹10,000/-.
201 IPC To undergo rigorous imprisonment for a period
of six months
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2. Brief facts of the case are that the present case was registered on
the complaint made by Som Nath, wherein it is stated that on 19.08.2014 at
about 8:00 PM Paramjit Singh in drunkard condition came to the house of
his father and used opprobrious language, on hearing, he went to the house
of father and altercation took place between them. When complainant tried
to rescue his father Paramjit Singh gave iron pipe blow on the person of
complainant which landed on his right eye and blood started oozing. On
hearing hue and cry Paramjit Singh fled away from the spot and injured were
taken to the hospital as such FIR was registered and after completion of
investigation challan was presented in Court. The prosecution adduced
evidence and after conclusion of trial the learned trial Court by hearing the
arguments passed the judgment of conviction and sentence dated
01.06.2017. The petitioner challenged the said judgment and order of
conviction and sentence dated 01.06.2017 in the Court of Ld. Additional
Sessions Judge, Sangrur. The learned Sessions Court, however dismissed
the same with modification vide the impugned judgment dated 01.09.2018
by modifying the sentence under Section 326 IPC to one and half year,
which has been assailed by the petitioner in the present revision petition.
3. It is inter alia contended by learned counsel for the petitioner
that the petitioner is innocent and has been falsely implicated in this case. He
submits that the petitioner is having no criminal antecedents and has already
undergone sentence for a period of 9 months and 23 days out of total
sentence of 2 years awarded by the learned trial Court. He submits that for
the purpose of this petition he is only praying to consider the period already
undergone by the petitioner in custody keeping in view the fact that the
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petitioner is not previous offender and even no criminal case is pending
against him coupled with the fact that the matter has been amicably settled
vide compromise dated 18.10.2018 (Annexure P1) wherein the complainant
had pleaded no objection if the petitioner is considered for sentence to the
period already undergone by him. He contends that at this stage he does not
challenge the impugned judgment on merits but on the aforesaid limited
aspect.
4. Per contra, learned State counsel has submitted that the
petitioner has rightly been convicted vide impugned judgment dated
01.06.2017 and the judgment does not suffer any infirmity, however, he
admitted that the petitioner is not having any criminal antecedents.
5. After considering the respective arguments and perusing the
record and keeping in view the specific contentions of the learned counsel
for the petitioner, it is observed that the petitioner has not challenged the
impugned judgment in question on merits. Even otherwise from the perusal
of the impugned judgment dated 01.06.2017 it transpires that the judgment
of conviction is based on correct appreciation of evidence and does not
suffer from any infirmity so as to call for any interference therein.
Accordingly the impugned judgment of conviction and sentence dated
01.06.2017, affirmed with modification by learned Sessions Judge vide
judgment dated 01.09.2018 stands affirmed suffering no illegality or
infirmity. However, as regards the question of sentence is concerned,
admittedly the petitioner was awarded sentence of 2 years by the learned
trial Court which was affirmed with modification in appeal too. As per the
custody certificate he has already undergone sentence of 9 months and 23
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days. There is no criminal case registered or pending against the petitioner
moreover the aggrieved party has no objection, if the sentence of petitioner
is reduced to the period undergone by him. No minimum period of sentence
is prescribed for the said offences, therefore, considering the circumstances
it is deemed appropriate and in the interest of justice that the order of
conviction and sentence dated 01.06.2017 passed by learned Sub-Divisional
Judicial Magistrate Malerkotla and order dated 01.09.2018 passed by learned
Additional Sessions Judge, Sangrur are modified, and the sentence of the
petitioner for having committed offences punishable under Section 326 and
Section 201 IPC is modified to the period already undergone by him in
custody i.e. 9 months and 23 days as per custody certificate dated
09.04.2024.
6. Accordingly the revision petition is disposed of in the above
terms.
7. Pending miscellaneous application(s), if any, stands disposed
of.
(SANJIV BERRY)
JUDGE
10.04.2024
Gyan
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
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