Dharminder Jain vs State of Himachal Pradesh

Inderjit Singh, J.—Petitioners Dharminder Jain and Sheela Jain have filed this revision petition against State of Himachal Pradesh respondent u/s 401 Cr.P.C. challenging the judgment 07.05.2014 passed by learned Addl. Sessions Judge, Ludhiana whereby the appeal filed by the petitioners against the judgment of conviction and order of sentence dated 30.01.2013 passed by learned Judicial Magistrate 1st Class, Ludhiana, has been dismissed.

It is stated in the revision petition that complainant Manju Aggarwal filed an application addressed to ASP, Solan alleging maltreatment from the hands of her husband on the pretext of demand of dowry and also on other petty matters. It is also stated in the revision petition that complainant herself is a doctor and by self suffered injuries on her part, procured a MLR with the help of doctor. It is further stated in the petition that petitioner No. 1 has lost his father and petitioner has lost her husband. Petitioner No. 2 is about 63-64 years of age and she is suffering from heart ailment and due to hypertension, she has been sent to hospital by the Jail doctor also. It is also stated in the petition that petitioners are first offenders and petitioner No. 1 is fatherless and has widow mother to look after, who is suffering from many ailments and petitioners are facing agony of the trial since 2006 and facing harassment from the hands of complainant since the day of her marriage.

At the time of preliminary hearing, learned counsel for the petitioners has not pressed the concurrent findings of the Courts below regarding conviction and only prayed for reduction of sentence and notice of motion was issued qua quantum of sentence only.

I have gone through the record and have heard learned counsel for the petitioner as well as learned counsel for the respondent-State.

Today again, learned counsel for the petitioners requested for reduction of sentence and to take lenient view. Learned counsel for the petitioners contended that petitioner No. 2 is sick widow lady aged about 63-64 years and petitioners have been acquitted u/s 498A IPC and have been convicted only under Sections 323 and 506 IPC by the Courts below. He further contended that petitioners are first offenders and are facing agony of criminal trial since 2006. He also contended that petitioner No. 1 is only bread winner of the family and petitioner No. 2 is suffering from heart ailment.

Keeping in view the facts and circumstances of the present case, nature of the offence and the fact that petitioners are first offenders and are suffering from long protracted criminal trial, I order that instead of undergoing the sentence imposed upon the petitioners, they be released on probation on furnishing of probation bonds in the sum of Rs. 10,000/- with one surety in the like amount each before trial Court subject to the condition that they will keep peace and good behaviour for six months. The fine imposed upon the petitioners is converted as cost of litigation.

With the above-said modification in the sentence, the present revision petition stands partly allowed.