MAHAVIR S. CHAUHAN, J. (ORAL)
Notion of motion.
On the asking of the Court Mr. G.S Sidhu, A.A.G, Punjab accepts notice on behalf of the State.
Vide judgment and order dated 05.03.2013 passed by Judicial Magistrate Ist Class, Gurdaspur the petitioners have been convicted and sentenced to undergo rigorous imprisonment as under:-
Name of accused Offence under Section Sentence Awarded
Surjit Singh 148 of IPC Fine of Rs. 100/- in default of payment of fine, further undergo SI for 10 days
323 of IPC for causing simple hurt to Jaswinder Kaur Fine of Rs. 1,000/- in default of fine, further undergo SI for 10 days.
324 read with Section 149 of IPC for causing injuries to Jaswinder Kaur and Jagtar Singh. Rigorous imprisonment for 1 years and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days
452 of IPC for forcibly entering into the house of complainant. Rigorous imprisonment for 1 year and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days.
Bachan Singh 148 of IPC Fine of Rs. 100/- in default of payment of fine, further undergo SI for 10 days
323 read with Section 149 of IPC for causing simple hurt to Jaswinder Kaur Fine of Rs. 1,000/- in default of fine, further undergo SI for 10 days.
324 of IPC for causing injuries to Jaswinder Kaur and Jagtar Singh. Rigorous imprisonment for 1 years and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days
452 of IPC for forcibly entering into the house of complainant. Rigorous imprisonment for 1 year and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days.
Amrik Singh 148 of IPC Fine of Rs. 100/- in default of payment of fine, further undergo SI for 10 days
323 read with Section 149 of IPC for causing simple hurt to Jaswinder Kaur Fine of Rs. 1,000/- in default of fine, further undergo SI for 10 days.
324 read with Section 149 of IPC for causing injuries to Jaswinder Kaur and Jagtar Singh. Rigorous imprisonment for 1 years and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days
452 of IPC for forcibly entering into the house of complainant. Rigorous imprisonment for 1 year and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days.
Ajit Singh 148 of IPC Fine of Rs. 100/- in default of payment of fine, further undergo SI for 10 days
323 read with Section 149 of IPC for causing simple hurt to Jaswinder Kaur Fine of Rs. 1,000/- in default of fine, further undergo SI for 10 days.
324 read with Section 149 of IPC for causing injuries to Jaswinder Kaur and Jagtar Singh. Rigorous imprisonment for 1 years and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days
452 of IPC for forcibly entering into the house of complainant. Rigorous imprisonment for 1 year and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days.
Joga Singh 148 of IPC Fine of Rs. 100/- in default of payment of fine, further undergo SI for 10 days
323 read with Section 149 of IPC for causing simple hurt to Jaswinder Kaur Fine of Rs. 1,000/- in default of fine, further undergo SI for 10 days.
324 read with Section 149 of IPC for causing injuries to Jaswinder Kaur and Jagtar Singh. Rigorous imprisonment for 1 years and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days
452 of IPC for forcibly entering into the house of complainant. Rigorous imprisonment for 1 year and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days.
Harjit Singh 148 of IPC Fine of Rs. 100/- in default of payment of fine, further undergo SI for 10 days
323 read with Section 149 of IPC for causing simple hurt to Jaswinder Kaur Fine of Rs. 1,000/- in default of fine, further undergo SI for 10 days.
324 read with Section 149 of IPC for causing injuries to Jaswinder Kaur and Jagtar Singh. Rigorous imprisonment for 1 years and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days
452 of IPC for forcibly entering into the house of complainant. Rigorous imprisonment for 1 year and fine of Rs. 500/- in default of payment of fine, further undergo SI for 10 days.
The appeal filed by the petitioners has also been dismissed by learned Additional Sessions Judge, Gurdaspur vide the judgment dated 11.11.2013
To challenge the correctness of the judgment of conviction and order of sentence dated 05.03.2013 passed by Judicial Magistrate I Class, Gurdaspur as affirmed by the Appellate Court vide judgment dated 11.11.2013, the petitioners are before this Court by way of instant revision petition.
During the course of hearing, it has been stated by learned counsel for the petitioners that they do not impugn the correctness of the findings recorded by the trial Court regarding their conviction, as affirmed by the Appellate Court, but they pray for leniency as regards sentence saying that they are the only bread earners of their families.
Learned State counsel has no serious objection to the prayer made.
In the circumstances, the judgement of the conviction recorded by the trial Court, as affirmed by the Appellate Court, is maintained. However, the order of sentence is modified. The sentence awarded to the petitioners under Sections 452 and 324 IPC is reduced from 1 year to six months each. However, sentence of fine is maintained. With the aforesaid modification in the order of quantum of sentence, the revision petition is dismissed.
However, the petitioners shall pay within 2 months from today an amount of Rs. 15,000/- as compensation to the injured PW-Jaswinder Kaur (respondent No. 2 herein) before the Chief Judicial Magistrate, Gurdaspur failing which the revision petition shall be deemed to have been dismissed.
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