Pardeep Kumar vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Petitioner Pardeep Kumar was tried in case FIR No. 97 dated 9.9.1989 registered at Police Station City Muktsar, under Sections 325, 324, 34 IPC.

The Court of learned Sub Divisional Judicial Magistrate, Muktsar, convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs 1,000/- u/s 325 IPC and also sentenced him u/s 324/34 IPC to one year rigorous imprisonment. He was also sentenced u/s 323 IPC to six months rigorous imprisonment. In an appeal filed, his conviction was maintained but sentence was reduced to four months and a fine of Rs.500/-, in default thereof to further undergo rigorous imprisonment for one month, u/s 325 IPC and sentence u/s 324/34 IPC was reduced to four months rigorous imprisonment and u/s 323 to three months rigorous imprisonment. His co-accused Mool Chand was ordered to be released on probation under the Probation of Offenders Act, 1985 (hereinafter referred to as "the Act").

Petitioner was taken into custody on 11.5.1992 and was ordered to be released on bail by this Court on 27.5.1992. The petitioner has undergone about 16 days behind the bars. Occurrence in the present case pertains to year 1989. The petitioner has already suffered a protracted trial for 19 years. The maximum sentence awarded was four months.

In totality of circumstances, I reduce the sentence to already undergone and impose a fine of Rs.5,000/-. Learned Chief Judicial Magistrate, Faridkot, will call upon the petitioner to pay the fine. Nonpayment of fine by the petitioner will amount to dismissal of the present revision petition.

Accordingly, the present revision petition is disposed of.