CRA-S-912- IN THE HIGH COURT OF PUNJAB & HARYANA 101 SIRIA AND OTHERS STATE OF HARYANA CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: RUPINDERJIT CHAHAL, J. (ORAL) 1. dated 31.01.2004 and order of sentence dated 03.02.2004 Additional Sessions Judge, Kurukshetra, in which the appellants have been convicted. 2. PM, accused Siria, armed with a gandasi, attempted to assault Baldev at his flour mill. The complainant Narsi and Tara Chand intervened, upon which Siria left threatening to return. Shortly thereafter, Siria, along with co accused Mihan complainant’s bara. On Siria’s exhortation, Mihan inflicted a gandasi blow -1- -SB-2004 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH SIRIA AND OTHERS Versus STATE OF HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. K.S. Dhaliwal, Advocate for the appellants. Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana. Mr. Nipun Bhardwaj, Advocate for the injured/victim. ***** RUPINDERJIT CHAHAL, J. (ORAL) This appeal is filed for setting aside the impugned 31.01.2004 and order of sentence dated 03.02.2004 Additional Sessions Judge, Kurukshetra, in which the appellants have been Brief background of the case is that PM, accused Siria, armed with a gandasi, attempted to assault Baldev at his flour mill. The complainant Narsi and Tara Chand intervened, upon which Siria left threatening to return. Shortly thereafter, Siria, along with co accused Mihan and Rupa (armed with lathis and gandasis), reached the complainant’s bara. On Siria’s exhortation, Mihan inflicted a gandasi blow IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-S-912-SB-2004 (O&M) Date of decision: 10.02.2026 ….Appellants ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana. for setting aside the impugned judgment 31.01.2004 and order of sentence dated 03.02.2004, passed by Ld. Additional Sessions Judge, Kurukshetra, in which the appellants have been Brief background of the case is that on 30.09.2001 at about 7:00 PM, accused Siria, armed with a gandasi, attempted to assault Baldev at his flour mill. The complainant Narsi and Tara Chand intervened, upon which Siria left threatening to return. Shortly thereafter, Siria, along with co- and Rupa (armed with lathis and gandasis), reached the complainant’s bara. On Siria’s exhortation, Mihan inflicted a gandasi blow Appellants ....Respondent judgment , passed by Ld. Additional Sessions Judge, Kurukshetra, in which the appellants have been 2001 at about 7:00 PM, accused Siria, armed with a gandasi, attempted to assault Baldev at his flour mill. The complainant Narsi and Tara Chand intervened, upon which - and Rupa (armed with lathis and gandasis), reached the complainant’s bara. On Siria’s exhortation, Mihan inflicted a gandasi blow GURPREET 2026.02.19 17:45 I attest to the accuracy and authenticity of this document. CRA-S-912- on Narsi’s right hand, Rupa caught hold of Baldev, and Harpal struck Baldev twice on the head. Upon alarm being raised, villag the accused fled with their weapons. recorded Narsi’s statement at CHC Pehowa after obtaining medica regarding his fitness, judgment dated Judge, Kurukshetra 03.02.2004 was Name of convicts 1. Siria 2. Mihan Ram 3. Roopa 4. Harpal Singh 3. submitted that compromise and with their own free and sweet will have executed a compromise deed dated 29.10.2025. He further submitted that he is assailing the conviction of the qua modification of the order on quantum of sentence, to that of the sentence already undergone by the sentence as following: -2- -SB-2004 (O&M) on Narsi’s right hand, Rupa caught hold of Baldev, and Harpal struck Baldev twice on the head. Upon alarm being raised, villag the accused fled with their weapons. Later, at about 10:50 PM, police recorded Narsi’s statement at CHC Pehowa after obtaining medica regarding his fitness, leading to the present complaint. judgment dated 31.01.2004, passed by the Kurukshetra, appellants were convicted and was sentenced as under:- Name of Sentence under Section RI Awarded 307/34 IPC 7 years 326/34 IPC 5 years 325/34 IPC 3 years 506 IPC 1 year At the very outset, learned counsel for the submitted that the accused and injured/victim have entered into a compromise and with their own free and sweet will have executed a compromise deed dated 29.10.2025. He further submitted that he is assailing the conviction of the appellants on merits qua modification of the order on quantum of sentence, to that of the sentence already undergone by the appellants, as they as following: on Narsi’s right hand, Rupa caught hold of Baldev, and Harpal struck Baldev twice on the head. Upon alarm being raised, villagers gathered and Later, at about 10:50 PM, police recorded Narsi’s statement at CHC Pehowa after obtaining medical opinion leading to the present complaint. Upon trial, vide , passed by the learned Additional Sessions convicted and order of sentence dated Fine In default of payment of fine further RI for Rs.500/- 6 months Rs.400/- 6 months Rs.100/- 3 months - - At the very outset, learned counsel for the appellants have the accused and injured/victim have entered into a compromise and with their own free and sweet will have executed a compromise deed dated 29.10.2025. He further submitted that he is not on merits and restricts his prayer qua modification of the order on quantum of sentence, to that of the sentence they have already undergone total on Narsi’s right hand, Rupa caught hold of Baldev, and Harpal struck ers gathered and Later, at about 10:50 PM, police l opinion Upon trial, vide Additional Sessions order of sentence dated In default of payment of fine further ve the accused and injured/victim have entered into a compromise and with their own free and sweet will have executed a not prayer qua modification of the order on quantum of sentence, to that of the sentence already undergone total GURPREET 2026.02.19 17:45 I attest to the accuracy and authenticity of this document. CRA-S-912- Sr.No. 1. 2. 3. 4. 4. in Court today, which appellants on the ground that learned trial Court has passed a well judgment based on correct appreciation of evidence available on record and as such, he does not deserve any leniency. 5. compromise and submits that he has no objection if the sentence of appellant is reduced to already undergone. 6. has been meticulously examined with 7. Supreme Court (Three mere formality in criminal proceedings. Where a statute prescribes both minimum and maximum term conferred upon it judiciously not whimsically or arbitrarily. Factors such as the gravity of the offence, manner of commission, and the accused’s age are imperative in determining an appropriate sentence. The sente must operate within the principle of proportionality, ensuring the sentence is neither unduly harsh nor inappropriately lenient. 8. 1166, the Court reaffirmed that sentencing serves a b -3- -SB-2004 (O&M) Sr.No. Name of appellant Custody period Siria 09 months 2 days Mihan Ram 01 year 09 months 3 days Rupa 10 months 2 days Harpal 02 years 4 months 20 days Per contra, learned State counsel in Court today, which are taken on record and opposes the prayer of the on the ground that learned trial Court has passed a well judgment based on correct appreciation of evidence available on record and as such, he does not deserve any leniency. Counsel for the injured victim affirms the factum of compromise and submits that he has no objection if the sentence of appellant is reduced to already undergone. Learned counsel for the parties have been heard, and the record has been meticulously examined with their able assistance. In Deo Narain Mandal v. State of U.P. (2004) 7 SCC 257 Supreme Court (Three-Judge Bench) underscored that sentencing is not a mere formality in criminal proceedings. Where a statute prescribes both minimum and maximum terms, the court must exercise the discretion conferred upon it judiciously not whimsically or arbitrarily. Factors such as the gravity of the offence, manner of commission, and the accused’s age are imperative in determining an appropriate sentence. The sente must operate within the principle of proportionality, ensuring the sentence is neither unduly harsh nor inappropriately lenient. In Ravada Sasikala v. State of Andhra Pradesh AIR 2017 SC , the Court reaffirmed that sentencing serves a b Custody period months 2 days 01 year 09 months 3 days 10 months 2 days 02 years 4 months 20 days Per contra, learned State counsel has filed custody certificates taken on record and opposes the prayer of the on the ground that learned trial Court has passed a well-reasoned judgment based on correct appreciation of evidence available on record and r the injured victim affirms the factum of compromise and submits that he has no objection if the sentence of appellant Learned counsel for the parties have been heard, and the record their able assistance. Deo Narain Mandal v. State of U.P. (2004) 7 SCC 257, the Judge Bench) underscored that sentencing is not a mere formality in criminal proceedings. Where a statute prescribes both s, the court must exercise the discretion conferred upon it judiciously not whimsically or arbitrarily. Factors such as the gravity of the offence, manner of commission, and the accused’s age are imperative in determining an appropriate sentence. The sentencing court must operate within the principle of proportionality, ensuring the sentence is neither unduly harsh nor inappropriately lenient. Ravada Sasikala v. State of Andhra Pradesh AIR 2017 SC , the Court reaffirmed that sentencing serves a broader social purpose a s taken on record and opposes the prayer of the reasoned judgment based on correct appreciation of evidence available on record and r the injured victim affirms the factum of compromise and submits that he has no objection if the sentence of appellant Learned counsel for the parties have been heard, and the record , the Judge Bench) underscored that sentencing is not a mere formality in criminal proceedings. Where a statute prescribes both s, the court must exercise the discretion conferred upon it judiciously not whimsically or arbitrarily. Factors such as the gravity of the offence, manner of commission, and the accused’s age are ncing court must operate within the principle of proportionality, ensuring the sentence is Ravada Sasikala v. State of Andhra Pradesh AIR 2017 SC roader social purpose a GURPREET 2026.02.19 17:45 I attest to the accuracy and authenticity of this document. CRA-S-912- deterrent effect that compels the offender to acknowledge the harm caused both to the victim and to society. The Court held that opportunities for reformation must be afforded, and sentencing discretion must be exercised by weighing the offence and the conduct of the accused, to strike a balance between legal efficacy and prospects of rehabilitation. 9. Appellate Court reveals no perversity; the decision is grounded in a sound appreciation of the evidence. Counsel for the the conviction on substantive grounds, limiting his plea solely to a modification of the quantum of sentence to 10. the year 2004 the last more than have already undergone the total sentence out of substantive sentence awarded to them 11. interest of justice, if the sentence awarded to the period already undergone 12. disposed of in the following terms: -4- -SB-2004 (O&M) deterrent effect that compels the offender to acknowledge the harm caused both to the victim and to society. The Court held that opportunities for reformation must be afforded, and sentencing discretion must be exercised all attendant circumstances, including the nature and manner of the offence and the conduct of the accused, to strike a balance between legal efficacy and prospects of rehabilitation. A careful review of the conviction rendered by the learned ate Court reveals no perversity; the decision is grounded in a sound appreciation of the evidence. Counsel for the the conviction on substantive grounds, limiting his plea solely to a modification of the quantum of sentence to one already undergone. Perusal of record indicates that 4 and the appellants have been suffering the agony of trial since the last more than 23 years. As per the custody certificate, the ady undergone the total sentence out of substantive sentence them. Accordingly, this Court is of the opinion that it would be in the interest of justice, if the sentence awarded to the period already undergone by them. Therefore, in view of the discussion above, the present disposed of in the following terms:- (i) The judgment dated learned Additional Sessions Judge, upheld. deterrent effect that compels the offender to acknowledge the harm caused both to the victim and to society. The Court held that opportunities for reformation must be afforded, and sentencing discretion must be exercised all attendant circumstances, including the nature and manner of the offence and the conduct of the accused, to strike a balance between legal A careful review of the conviction rendered by the learned ate Court reveals no perversity; the decision is grounded in a sound appreciation of the evidence. Counsel for the appellants has not challenged the conviction on substantive grounds, limiting his plea solely to a one already undergone. Perusal of record indicates that case (supra) was registered in been suffering the agony of trial since years. As per the custody certificate, the appellants ady undergone the total sentence out of substantive sentence Accordingly, this Court is of the opinion that it would be in the interest of justice, if the sentence awarded to the appellants is reduced to the Therefore, in view of the discussion above, the present appeal is The judgment dated 31.01.2004 passed by the Additional Sessions Judge, Kurukshetra is deterrent effect that compels the offender to acknowledge the harm caused both to the victim and to society. The Court held that opportunities for reformation must be afforded, and sentencing discretion must be exercised all attendant circumstances, including the nature and manner of the offence and the conduct of the accused, to strike a balance between legal A careful review of the conviction rendered by the learned ate Court reveals no perversity; the decision is grounded in a sound not challenged the conviction on substantive grounds, limiting his plea solely to a (supra) was registered in been suffering the agony of trial since s ady undergone the total sentence out of substantive sentence Accordingly, this Court is of the opinion that it would be in the is reduced to the is passed by the is GURPREET 2026.02.19 17:45 I attest to the accuracy and authenticity of this document. CRA-S-912- 13. disposed of. 10.02.2026 Gurpreet -5- -SB-2004 (O&M) (ii) The order of quantum of 03.02.2004 is modified to the extent that the sentence of rigorous imprisonment is reduced to the period of sentence already undergone by However, the sentence regarding fine and punishment in default is maintained. Pending miscellaneous application(s), if any, shall also stand i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No quantum of sentence dated is modified to the extent that the sentence of rigorous imprisonment is reduced to the period of sentence already undergone by them. However, the sentence regarding fine and punishment in default is maintained. miscellaneous application(s), if any, shall also stand (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No entence dated is modified to the extent that the sentence of rigorous imprisonment is reduced to . However, the sentence regarding fine and miscellaneous application(s), if any, shall also stand (RUPINDERJIT CHAHAL) GURPREET 2026.02.19 17:45 I attest to the accuracy and authenticity of this document.