Randhir Singh and Another vs State of Punjab and Another

Inderjit Singh, J.—Petitioners Randhir Singh and Mukhtiar Singh have filed this petition against State of Punjab and Gurmit Kaur @ Balbir Kaur respondents u/s 401 Cr.P.C. challenging the judgment dated 25.04.2014 passed by learned Addl. Sessions Judge, Sangrur vide which the appeal filed by the petitioners against the judgment of conviction and order of sentence dated 06.07.2011 passed by learned Sub Divisional Judicial Magistrate, Moonak, has been dismissed.

It is stated in the petition that the judgment of conviction and order of sentence dated 06.07.2011 passed by learned SDJM, Moonak and judgment dated 25.04.2014 passed by learned Addl. Sessions Judge, Sangrur are wrong, illegal and against the evidence available on record and hence are liable to be set aside. It is also stated in the petition that the Courts below have wrongly brushed aside the material discrepancies came on record in the testimonies of witnesses, which go to the roots of the matter and make the entire case doubtful.

In the present case, notice of motion was issued qua quantum of sentence only as learned counsel for the petitioner did not dispute the concurrent findings regarding conviction of the petitioner and he only prayed for reduction of sentence and regarding releasing of the petitioners on probation.

Learned State counsel as well as learned counsel for respondent No. 2 appeared and contested the petition.

I have gone through the record and have heard learned counsel for the parties as well as learned State counsel.

The perusal of the judgment passed by learned SDJM, Moonak shows that petitioner Randhir Singh is the husband and Mukhtiar Singh is father-in-law of complainant Gurmit Kaur. Learned SDJM, Moonak also convicted Bant Kaur, mother-in-law, but Bant Kaur is released on probation by giving benefit of Probation of Offenders Act, 1958 on furnishing of Rs. 5000/- for a period of one year. Learned counsel for the petitioners argued that father-in-law is also old aged person and the same general allegations have been levelled against him as levelled against mother-in-law Bant Kaur.

Keeping in view the argument of learned counsel for the petitioners as well as the fact that mother-in-law Bant Kaur has already been released on probation in view of her old age, therefore, petitioner Mukhtiar Singh, who is father-in-law of the complainant is also given the benefit of Probation of Offenders Act and he is ordered to be released on probation on furnishing of probation bonds in the sum of Rs. 10,000/- for a period of one year, subject to the condition that he will maintain peace and keep good behaviour during the said period and will appear in the Court to receive sentence as and when called to do so, during the said period. The fine imposed upon petitioner Mukhtiar Singh is converted into cost of litigation.

As regarding petitioner Randhir Singh husband of the complainant, keeping in view the facts and circumstances of the present case and the fact that he is facing trial in this complaint case for the last about eight years and the fact that he has not been convicted earlier for any other offence and also the fact that he is sole bread earner of the family, his sentence is reduced and he is directed to undergo rigorous imprisonment for a period of six months each instead of one year each under Sections 406 and 498-A IPC. Both the sentences are ordered to run concurrently. However, the sentence of fine and sentence in default of payment of fine, shall remain the same.

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