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Jagtar Singh and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 25 February 2010 · Citation: (2010) 4 Crimes 518 : (2010) 1 SLR 155

HON’BLE JUDGES
M.M.S. Bedi, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323, 325, 34
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Judgment

14 paragraphs · 359 words

M.M.S. Bedi, J.—The petitioners, for causing injuries on the person of complainant Bant Singh, have been convicted and sentenced by the trial Court as under:

------------------------------------------------------------ 1 Jagtar Singh 325 IPC Rigorous Imprisonment for 18 months and fine of Rs. 500/- and in default thereof further RI for one month.

323/34 IPC Rigorous Imprisonment for a period of six months.

2 Nachhatar Singh 325/34 IPC Rigorous Imprisonment for 18 months and fine of Rs. 500/- and in default thereof further RI for one month.

323 IPC Rigorous Imprisonment for a period of six months. ------------------------------------------------------------

2.

The lower appellate Court, in appeal, modified the sentence awarded to the petitioners u/s 325 and 325/34 IPC, from 18 months to 12 months, while maintaining the remaining sentence.

3.

The petitioners have undergone the sentence of six months. Since the FIR is of the year 2002 and the petitioners have faced the ordeal of trial for a period of about eight years and they have been convicted for having committed an offence under Sections 325/323/34 IPC, taking into consideration the peculiar facts and circumstances of the present case and the medical report pertaining to petitioner No. 1, the sentence u/s 325 and 325/34 IPC, is reduced to Rigorous Imprisonment for a period of six months, maintaining the sentence of fine. The sentence u/s 323 and 323/34 IPC, is reduced from six months to three months, maintaining the sentence of fine.

4.

Thus, the sentence awarded by the Courts below is modified as follows:

------------------------------------------------------------ 1 Jagtar Singh 325 IPC Rigorous Imprisonment for 6 months'' and fine of Rs. 500/- and in default thereof further RI for one month.

323/34 IPC Rigorous Imprisonment for a period of three months''.

2 Nachhatar Singh 325/34 IPC Rigorous Imprisonment for Six months'' and fine of Rs. 500/- and in default thereof further RI for one month. 323 IPC Rigorous Imprisonment for a period of three months. ------------------------------------------------------------

5.

All the sentences to run concurrently.

6.

Thus, modifying the sentence as stated above, the revision petition is disposed of.

7.

The petitioners may be released in case they have already undergone the sentenced imposed by this Court