204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: April 04, 2025 (i) CRA-S-976-SB-2009 Sa,sh Kumar and another … Appellants Versus State of Haryana …Respondent * * * * (ii) CRR-2605-2010 (O&M) Rama Devi … Pe,,oner Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the appellants in CRA-S-976-SB-2009. None for the pe oner in CRR-2605-2010. Mr. R.K.S. Brar, Addl. A.G., Haryana. DEEPAK GUPTA , J.(Oral) This order shall dispose of aforesaid two cases, arising out of same FIR. Four accused, namely, Sa sh Kumar (husband), Suresh Kumar (brother-in-law), Sudesh Rani (sister-in-law) and Taro Rani (mother-in-law) of Rama Devi faced trial in a case arising out of FIR No.73 dated 12.09.2006, under Sec ons 406, 498-A, 323, 315 and 506 IPC, registered at Police Sta on Raipur Rani, which had arisen on the complaint of Rama Devi. Two of the accused, namely, Sudesh Kumari and Taro Rani were acqui9ed from all the charges; whereas two accused, namely, Sa sh Kumar (husband) and Suresh Kumar (brother-in-law) though acqui9ed from the charges under Sec ons 315 and 406 IPC, but both of them were convicted under Sec on 498-A IPC and were sentenced to undergo rigorous imprisonment for a period of 02 years and to pay a fine of `1,000/- each and in default of non- payment of fine, they were further sentenced to undergo rigorous imprisonment for 06 months each, as per judgment dated 02.04.2009 of learned Sessions Judge, Panchkula. 2. Against their convic on and sentence, Sa sh Kumar and Suresh Kumar have filed appeal bearing No.CRA-S-976-SB-2009; whereas complainant Rama Devi filed CRR No.2605 of 2010 for seeking convic ons of other accused as well. The appeal was admi9ed on 17.04.2009 and sentence of both the appellants was suspended. Sarita Rani 2025.04.05 09:31 I attest to the accuracy of this document/order CRA-S-976-SB-2009 & CRR-2605-2010 (O&M) - 2 - 2025:PHHC:046488 3. Today, the ma9er has been listed a@er a long me. Nobody is puAng in appearance on behalf of pe oner-complainant – Rama Devi in CRR No.2605-2010 a@er 09.04.2013 and it appears that the pe oner is no longer interested in pursuing the pe on. As such, CRR No.2605-2010 is hereby dismissed in default for want of prosecu on. 4. As far as CRA-S-976-SB-2009 is concerned, nobody has put in appearance on behalf of the appellants. This Court has gone through the impugned judgment of the trial Court and finds that convic on has been recorded a@er proper apprecia on of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convic on and as such, the same is hereby maintained. 5. However as far as the impugned order of sentence is concerned it is no ced that appellants were sentenced for a period of 02 years and to pay fine of ₹1,000/- each with default sentence of 06 months rigorous imprisonment each in case of non-payment of fine. 6. The custody cer ficate placed on record by the respondent- State would reveal that appellant – Sa sh Kumar has already undergone actual custody sentence of 28 days; whereas appellant - Suresh Kumar has already undergone actual custody sentence of 16 days. Custody cer ficates further indicate that both the appellants are not involved in any other criminal case. 7. In the aforesaid facts and circumstances, it will be in the interest of jus ce, if the period of imprisonment is reduced to the period already undergone by the appellants, instead of sending them behind bars in the company of hardened criminals. 8. Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convic on, the order of sentence as passed by the trial Court is modified and the appellants are sentenced to imprisonment for the period already undergone by them. As far as the fine is concerned, it will remain same. Disposed of. Photocopy of this order be placed on the connected case file. April 04, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.04.05 09:31 I attest to the accuracy of this document/order