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2010 DIGILAW 1993 (PNJ)

Sukhchain Singh v. State of Punjab

2010-07-08

DAYA CHAUDHARY

body2010
ORDER 1. The present revision petition has been filed against judgment dated 19.5.2010 passed by Addl. Sessions Judge, Moga vide which the appeal filed by the petitioner against judgment of conviction and order of sentence dated 24.8.2007 of JMIC, Moga has been dismissed and sentence imposed upon him was reduced from 2 years RI to 1 year RI with fine of Rs.200/- and in default of payment thereof, RI for 1 month under Section 326 IPC, from 1 year RI to 6 months RI under Section 324 IPC and from 6 months RI to 3 months RI under Section 323 IPC. 2. Notice of motion was issued in the application as well as in revision on 27.5.2010. 3. Learned counsel for the petitioner has not contested the conviction and submitted that the petitioner has already undergone more than 2-1/2 months’ of actual sentence against the total sentence of 1 year and has already suffered a lot as he is facing the agony of protracted trial for the last approximately 8 years and being a poor person having no criminal background, the sentence imposed upon the petitioner be reduced to the period already undergone by him. 4. Learned counsel for the State has also not controverted the submissions made by the learned counsel for the petitioner. 5. The present case was registered on the basis of statement made by complainant Bohar Singh under Sections 326/323 IPC against the petitioner and subsequently he was charge-sheeted under Sections 326/324/323 IPC by the trial Court to which he pleaded not guilty and claimed trial. 6. After recording evidence from both sides, the learned trial Court while convicting the petitioner under Section 326/323/324 IPC sentenced him to undergo RI for 2 year with a fine of Rs.200/- and in default of payment thereof, RI for 1 month under Section 326 IPC, RI for 6 months under section 323 IPC and RI for 1 year under Section 324 IPC. The petitioner filed appeal before the Additional Sessions Judge, Moga who vide judgment dated 19.5.2010 upheld the conviction of the petitioner and reduced the sentence from 2 year RI to 1 year RI under Section 326 IPC, from 1 year RI to 6 months u/s 324 IPC and from 6 months RI to 3 months RI under Section 323 IPC. The present petition has been filed against the judgment of Addl. Sessions Judge, Moga. 7. The present petition has been filed against the judgment of Addl. Sessions Judge, Moga. 7. I have heard the submissions made by the learned counsel for the petitioner as well as learned counsel for the State. 8. Without saying much more on merits of the case, since the learned counsel for the petitioner has not contested the conviction of the petitioner and has restricted his prayer to the sentence part only with the submission that sentence be reduced to the period already undergone by him as he has already undergone more than 2-1/2 months’ against the total sentence of 1 year. 9. Keeping in view the fact that the petitioner is a first offender having no criminal background and has already undergone more than 2-1/2 months’ of actual sentence against the total sentence of 1 year and has faced the agony of protracted trial since September 2002, the prayer of the petitioners is allowed. 10. Under these circumstances, while maintaining the conviction of petitioner Sukhchain Singh under Sections 326, 324 and 323 IPC, the sentence imposed upon him is reduced to the period already undergone by him. With above modification, the revision petition is disposed of. -----------