Punjab-Haryana High Court

Jai Bhagwan & Ors vs State Of Haryana on 13 November, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                 Neutral Citation No:=2024:PHHC:148498




CRR-2141-2009 (O & M)


                                            ::1::


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH
(201)

                                                     CRR-2141-2009 (O&M)
                                                    Date of Decision: 13.11.2024


Jai Bhagwan and ors.                                           ... Petitioners


                                         Versus


State of Haryana                                               ...Respondents



CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Ms. Mehak Sawhney, Advocate, for the petitioners.

             Mr. Ashok Singh Chaudhary, Addl.A.G., Haryana.

             Mr. Bahadur Singh, Advocate and
             Ms. Rajni, Advocate,
             for the complainant-Kailash Chand.


                    ****

JASJIT SINGH BEDI, J.

The present revision petition has been filed impugning the judgment

dated 11.08.2009 passed by the Additional Sessions Judge, (Fast Track Court),

Bhiwani Jind whereby the appeal filed against the judgment of conviction and

order of sentence dated 20.04.2006 passed by the Additional Chief Judicial

Magistrate, Bhiwani has been dismissed.

2. At the very outset, the learned counsel for the parties have stated that

petitioner No.1-Jai Bhagwan son of Mukhtiar Singh, petitioner No.4-Rakesh son

1 of 6

Neutral Citation No:=2024:PHHC:148498

CRR-2141-2009 (O & M)

::2::

of Mukhtiar Singh and petitioner No.5-Shamsher son of Dalip have passed away.

The proceedings stands abated qua the aforesaid petitioners.

3. The FIR in the present case came to be registered on

14.07.1998. The judgment of conviction was passed on 20.04.2006. This

revision petition was filed on 18.08.2009 and has come up for final

hearing now i.e. after a period of 26 years having elapsed from the date of

the registration of the FIR.

4. The brief facts of the case are that an FIR No. 289 dated 14.07.1998

under Sections 148, 323, 452 and 506 read with Section 149 IPC registered at

Police Station Sadar Bhiwani was registered against five persons at the instance

of complainant-Kailash Chand with the allegations that the accused persons had

assaulted the complainant party. On culmination of the investigation, the report

under Section 173 Cr.P.C. was presented.

5. Based on the evidence led, the accused came to be convicted and

sentenced by the Court of the Additional Chief Judicial Magistrate, Bhiwani vide

judgment and order of sentence dated 20.04.2006 as under:-

Offence underSentence RI/SI Fine RI/SI in default of Sections payment of fine Section 148 IPC RI (06 months) Rs.500/- each Imprisonment (10 days)

Section 323 read RI (06 months) - -

with Section 149 IPC Section 325 read RI (01 year) Rs.1000/- each Imprisonment (10 with Section 149 days) IPC Section 452 read RI (01 year) Rs.500/- each Imprisonment (10

2 of 6

Neutral Citation No:=2024:PHHC:148498

CRR-2141-2009 (O & M)

::3::

 with Section 149                                                    days)
 IPC
 Section 506 read RI (06 months)                  Rs.500/- each Imprisonment (10
 with Section 149
                                                                     days)
 IPC

All the sentences were ordered to run concurrently.

6. The accused-petitioners preferred an appeal which came to be

dismissed by the Court of the Additional Sessions Judge, Fast Track Court,

Bhiwani vide judgment dated 11.08.2009.

7. The aforementioned judgments are under challenge in the present

petition.

8. During the pendency of the instant revision petition, the sentence of

the petitioners was suspended. The matter was adjourned from time to time. On

21.05.2019, the following order was passed:-

"Learned counsel for the petitioners states that she give up the challenge laid to the conviction part in the impugned judgment and confines her prayer only to concession of modification of sentence part. It is contended that some of the petitioners are senior citizens and one of them is at advanced age and ends of justice would be met if the victims are suitably compensated.

Let the complainant, namely, Kailash Chand be served for 29.08.2019.

Dasti only.

Let a sum of Rs.15,000/- be paid to him (Kailash Chand) by way of a demand draft towards litigation charges".

3 of 6

Neutral Citation No:=2024:PHHC:148498

CRR-2141-2009 (O & M)

::4::

9. The learned counsel for the petitioners No.2 and 3 contends that the

occurrence took place on 14.07.1998. The petitioners were convicted by the

Court of the Additional Chief Judicial Magistrate, Bhiwani and thereafter, the

said conviction was upheld by the Court of Additional Sessions Judge (Fast Track

Court), Bhiwani vide judgment dated 11.08.2009. The instant revision petition

was filed in the year 2009 and has now come up for hearing. In view of the fact

that the petitioners No.2 and 3 were of the age of 66 and 71 years respectively

and had otherwise undergone almost 02 months out of their substantive sentence

of 01 year and were ready and willing to compensate the complainant over and

above, Rs.15,000/- already paid, their sentence be reduced to the period already

undergone by them.

10. The learned counsel for the State has filed separate custody

certificates dated 10.11.2024 of the petitioners which are taken on record. While

referring to the same, he alongwith the learned counsel for the complainant

contend that the serious nature of the allegations levelled against the petitioners

No.2 and 3 did not entitle them to any sympathy and while upholding their

conviction, their sentence ought not to be reduced.

11. I have heard the learned counsel for the parties.

12. Admittedly, the occurrence took place on 14.07.1998. Thereafter, the

petitioners were convicted vide judgment dated 20.04.2006 passed by the

Additional Chief Judicial Magistrate, Bhiwani and their appeal was dismissed on

11.08.2009 by the Court of the Additional Sessions Judge (Fast Track Court),

Bhiwani. The instant revision petition was filed in the year 2009 and the

4 of 6

Neutral Citation No:=2024:PHHC:148498

CRR-2141-2009 (O & M)

::5::

petitioners No.2 and 3 were granted the concession of suspension of sentence.

They are of the age of 66 years and 71 years respectively. They have already

undergone approximately 02 months each of their substantive sentence of 01

year. At this stage, no useful purpose would be served by sending the petitioners

No.2 and 3 back into the custody. Therefore, the present revision petition stands

dismissed.

14. As regards the imposition of sentence, it may be pointed out that the

occurrence took place on 14.07.1998. The instant revision petition was filed in

the year 2009 and the petitioners No.2 and 3 were granted the concession of

suspension of sentence. They are of the age of 66 years and 71 years respectively.

They have already undergone approximately 02 months each of their substantive

sentence of 01 year. Therefore, while upholding their conviction, I deem it

appropriate to modify the sentence of the said petitioners as under:-

Offence underSentence RI/SI Fine RI/SI in default of Sections payment of fine Section 148 IPC RI (06 months) Rs.500/- Imprisonment (10 days) each Section 323 read RI (06 months) - -

 with Section 149
 IPC
 Section 325 read          RI (01 year)           Rs.25,000/- Rigorous imprisonment
 with Section 149
                                                     each    01 year each
 IPC
 Section 452 read          RI (01 year)            Rs.500/- Imprisonment (10 days)
 with Section 149
                                                     each
 IPC
 Section 506 read        RI (06 months)            Rs.500/- Imprisonment (10 days)
 with Section 149
                                                     each
 IPC




                                5 of 6