Lala and Another vs State of Haryana

Nawab Singh, J.—This is revision against the judgment dated February 8th, 2003 of Additional Sessions Judge, Jhajjar whereby, she partly affirmed the judgment of conviction dated February 16th, 2001 and order of sentence dated February 19th, 2001 of Chief Judicial Magistrate, Jhajjar. The Additional Sessions Judge convicted and sentenced the Petitioners as under:

Offence Sentence Fine In default

323/34 IPC RI for 1 year Rs.1000/- RI for 3 months

324/34 IPC RI for 2 years Rs.2000/- RI for 6 months.

325/34 IPC RI for 3 years Rs.3000/- RI for 9 months

447/34 IPC RI for 3 months Rs.500/- SI for 1 month

The sentences were ordered to run concurrently.

Learned Counsel for the Petitioner submits that Petitioner does not challenge the judgment of conviction and only prays for reduction of sentence. He further urged that the gensis of occurrence was a dispute over a plot. Parkash alias Billu-Petitioner has undergone actual sentence of 1 year, 6 months and 8 days and Lala-Petitioner has undergone actual sentence of 1 year, 3 months and 2 days. The Petitioners have already faced the agony of protracted criminal proceedings spreading over a period of 18 years. They are first offenders. They have families to maintain.

The grounds taken justify the request made so, this Court upholds the conviction of the Petitioners but is inclined to reduce the sentence. It is further of the opinion that ends of justice shall be met if the Petitioners are sentenced to the period already undergone by them and orders accordingly.