Sombir and Another vs The State of Haryana

Ajai Lamba, J.—This revision petition is directed against judgment of conviction dated 25.10.2010 and order of sentence dated 3.11.2010,

passed by the Sub Divisional Judicial Magistrate, Loharu, as upheld by Additional Sessions Judge, Bhiwani, in appellate jurisdiction. Resultantly,

the Petitioners have been convicted for commission of offence u/s 457, Indian Penal Code, and sentenced to undergo Rigorous Imprisonment for 3

years and fine of Rs. 1,000/-(in default, simple imprisonment for 2 months) each. The Petitioners have also been convicted for commission of

offence u/s 380, Indian Penal Code, and sentenced to undergo Rigorous Imprisonment for 3 years and fine of Rs. 1,000/-(in default, simple

imprisonment for 2 months) each. A compensation of Rs. 25,000/-has also been granted in favour of complainant-Bilasa Ram (PW-1).

Learned Counsel for the Petitioners contends that the judgment of conviction is not being challenged on merits. The quantum of sentence,

however, be considered.

Learned Counsel for the Petitioners has argued that PW-1 Bilasa Ram would be compensated by payment of Rs. 25,000/-before the

Petitioners are released. Learned Counsel further contends that the Petitioners are first offenders and only bread earners of their respective

families. The Petitioners are brothers and, therefore, have one family.

Learned Counsel for the Respondent-State has pointed out that Petitioner No. 2-Amit alias Mitta has undergone 1 year and 23 days of actual

sentence. Petitioner No. 1-Sombir alias Laden has undergone 11 months and 3 days of actual sentence.

I have considered the contentions of the learned Counsel for the Petitioners.

Considering the fact that the Petitioners are brothers and are only bread earners of their respective families; the complainant has been

compensated for the loss caused to him and the Petitioners are first offenders, the sentence awarded to the Petitioners is hereby reduced to 1 year

and 6 months each u/s 457, Indian Penal Code. The sentence of the Petitioners u/s 380, Indian Penal Code, is also reduced to 1 year and 6

months each. The sentence in regard to fine is hereby maintained.

With the above modification in the order of sentence, the revision petition is dismissed.