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Judgment
Ranjit Singh, J.—This revision.has been filed by Paramjit Singh and Ram Ji Dass to impugn their conviction for an offence u/s 353 IPC, for
which they were imposed a punishment of 6 months rigorous imprisonment in addition to fine of Rs. 500/-. The petitioners were to undergo
rigorous imprisonment for 7 days in default of payment of fine.
The petitioners were stopped by the Deputy DFO Dasuya and questioned to show permit in respect of the wood loaded in the truck. The
petitioners evaded to answer and subsequently, started giving abuses. They allegedly grappled with the DFO also. On this basis, FIR was lodged
leading to the conviction and sentence as imposed.
Counsel for the petitioners submits that petitioner-Paramjit Singh has undergone a period of 1 month and 17 days out of the rigorous
imprisonment of 6 months as imposed. Petitioner No.2-Ram Ji Dass has also undergone the similar custody period. Counsel submits that it is an
old case and the incident is of 31.12.1997. The petitioners were tried and convicted on 17.12.2002. Their appeal was decided on 29.3.2005 and
since then, the present petition is pending. As per the counsel, no purpose would be served making the petitioners to undergo the sentence and he
accordingly, pleads for leniency. Counsel submits that the petitioners have learnt their lesson and would not ever indulge in such activity or action in
future. They will always respect the law and the public servant.
Since the petitioners have shown repentance, a case for showing some leniency is made out. Requiring the petitioners now to undergo the
remaining sentence would hardly serve any purpose instead may retard the efforts to reform themselves and be a good member of the society. The
petitioners will have to remain in the company of hardened criminals. No other purpose may be achieved by sending the petitioners in custody.
Considering the totality of the circumstances and having regard to the allegations made, a case is made out for reducing the sentence imposed to
the period already undergone. The revision petition is, accordingly, allowed to this limited extent. Otherwise, the revision shall stand dismissed on
merits.