Harchand Singh vs State of Punjab

Daya Chaudhary, J.

Criminal Misc. No. 29358 of 2013

There is a delay of 71 days in filing this revision petition. The revision has been filed through Legal Services Authority. Application is allowed as per the grounds mentioned in the application, delay of 71 days in filing this revision petition is condoned.

Criminal Revision No. 1900 of 2013

The present revision petition has been filed by the petitioner after loosing the case before the trial Court as well as the lower Appellate Court.

The petitioner faced trial in case FIR No. 125 dated 15.01.1999 for offence under Sections 193, 196, 197, 198, 199, 200, 260, 420, 467, 468, 471, 120-B read with Sections 34 and 149 of Indian Penal Code and was convicted by the trial Court under the aforesaid offences vide judgment dated 19.05.2011 and was sentenced to undergo the sentence as mentioned in the judgment as well as in the grounds of revision. All the sentences were ordered to run concurrently.

Judgment of conviction and order of sentence passed by the trial Court was upheld by learned Additional Sessions Judge, Sri Muktsar Sahib and the appeal filed by the petitioner was dismissed vide order dated 18.12.2012.

Notice qua quantum of sentence was issued in the case.

Learned counsel for the petitioner submits that the petitioner has undergone actual custody of approximately 9 months against total sentence of one year and amount of fine has already been deposited by the petitioner. Learned counsel further submits that petitioner has faced the agony of trial since registration of FIR i.e., 15.01.1999 and he is the first offender as no other criminal case is there against him. Learned counsel also submits that the petitioner is the only bread earner of his family. Learned counsel for the petitioner also prays for taking lenient view in the case as the petitioner has undergone actual sentence of approximately 9 months against total sentence of one year.

Learned State counsel has not disputed the facts that the petitioner is facing the agony of trial since the registration of FIR and has already suffered a lot.

Keeping in view the submissions made by learned counsel for the petitioner and also the fact that the petitioner has undergone approximately 9 months of actual sentence against total sentence of one year; and he is facing the agony of trial for the last 14 years; and no purpose would be served by keeping him in the custody, the conviction of the petitioner is upheld and his sentence is reduced to the period already undergone by him. However, the sentence of fine shall remain the same. He be released forthwith if not required in any other case. The revision petition is disposed of with the modification of sentence only.