JUDGMENT Mr. Paramjeet Singh, J.: (Oral) - This revision petition has been filed by the petitioners – Janak Singh, Amrik Singh, Gamdoor Singh, Joshi alias Kala and Nirbhai Singh against judgment dated 25.08.2004 passed by learned Additional Sessions Judge, Patiala, thereby dismissing the appeal preferred by the petitioners against the judgment and order dated 11.05.2011 passed by the learned Sub Divisional Judicial Magistrate, Nabha vide which the petitioners have been convicted for offences punishable under Sections 326, 323, 148, 149 IPC and sentenced them as follows:- “Amrik Singh-petitioner No.2 sentenced to undergo RI for 1-1/2 years and pay a fine of Rs.700- or in default of payment of fine to further undergo SI for 30 days, under Section 326 IPC, whereas each of the remaining petitioners sentenced to undergo RI for 1-1/2 years and pay fine of Rs.700/- each or in default of payment of fine to further undergo SI for 30 days each, under Section 326 read with Section 149 IPC. All the petitioners sentenced to undergo RI for six months each under Section 323 IPC. All the petitioners sentenced to undergo RI for six months each under Section 148 of IPC. All the sentences were ordered to run concurrently. 2. I need not dilate upon the facts of this case in detail as the same have already been recapitulated in the judgment of the learned Courts below and in view of the ultimate prayer of the petitioners seeking reduction in sentence. 3. I have heard the learned counsel for the parties and perused the record. 4. Learned counsel for the petitioners states that he is not pressing this revision on merit and is not challenging the conviction on merit. He is only aggrieved against the sentence part. Learned counsel for the petitioners prays that the sentence of the petitioners be suitably reduced as this criminal trial is hanging on his head like Damocles’ sword for the last more than twenty years and it should be a sufficient mitigating circumstance to treat him leniently. Counsel for the petitioners has further submitted that the occurrence pertains to the year 1993 and since then a period of more than eleven years has elapsed. The petitioners are the first offenders and have suffered the ordeal for long period. 5.
Counsel for the petitioners has further submitted that the occurrence pertains to the year 1993 and since then a period of more than eleven years has elapsed. The petitioners are the first offenders and have suffered the ordeal for long period. 5. In view of the arguments advanced by learned counsel for the petitioners, which have been noted above, this Court is of the view that no useful purpose will be served by sending the petitioners behind the bars at this point of time. It is a fit case wherein sentence awarded to the petitioners can be reduced to the period already undergone and the petitioners can be burdened to pay compensation to the victim/complainant. Therefore, sentence is reduced for the period already undergone in the present case. However, petitioners are directed to pay a sum of Rs.40,000/- as compensation to the victim within one month from today and if not paid then to be recovered as land arrears. The impugned order of sentence and conviction stands affirmed with aforesaid modification. 6. With the observations made above, present revision petition is disposed of. ---------0.B.S.0------------