S. No.203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRR No.991 of 2011 (O&M) Date of Decision:02.05.2025 Roshan Singh and another .....Pe..oners Vs. The State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the peoners. Mr. Animesh Sharma, Addl. AG. Punjab. **** DEEPAK GUPTA, J. (Oral) Peoner- Roshan Singh and Sukhchain Singh were tried by Ld. Judicial Magistrate Ist Class, Fazilka, in a case arising out of FIR No.247 dated 28.08.2003 under Secons 324, 323 read with Secon 34 IPC at Police Staon Khuian Sarwar, vide judgment of convicon dated 13.10.2010 by the trial Court and were convicted under Secons 323, 324/34 IPC and were sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of ₹500/- with default sentence of 15 days’ rigorous imprisonment in case of non-payment of fine vide order of sentence. On appeal, the judgment of convicon and order of sentence were upheld by the Court of learned Addional Sessions Judge, Ferozepur vide judgment dated 16.04.2011. 2. Against the abovesaid orders, this revision was filed. 3. Today nobody is appearing on behalf of the peoner. This Court has gone through the impugned judgments of the Courts below and finds that convic- on has been recorded a;er proper appreciaon of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convicon and as such, the same is hereby maintained. PRIYANKA 2025.05.03 15:32 I attest to the accuracy and integrity of this document CRR No.991 of 2011 (O&M) -2- 4. However as far as the impugned order of sentence is concerned it is noced that peoners were sentenced maximum for a period of one year rigor- ous imprisonment and to pay fine of ₹500/- with default sentence of 15 days rig- orous imprisonment in case of non-payment of fine. 5. The custody cerficate placed on record by the respondent-State would reveal that peoner- Roshan Singh had already undergone total sentence of 04 months and 05 days and peoner – Sukhchain Singh had already under- gone total sentence of 03 months and 07 days. It is revealed further that peon- ers have no other criminal antecedents. The offence had taken place way back in 2003 i.e. 22 years back. 6. In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment is reduced to the period already undergone by the peoners, instead of sending them behind bars in the company of hard- ened criminals. 7. Consequently, the present revision is partly accepted. By maintaining the impugned judgment against convicon, the order of sentence as passed by the trial Court is modified and the peoners are sentenced to imprisonment for the period already undergone by them. As far as fine is concerned, it will remain same. 8. However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate concerned, within a period of four weeks from today, failing which the peoners will have to carry out the complete sentence as imposed by the trial Court. Disposed of. May 02, 2025 ( DEEPAK GUPTA ) pry JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRIYANKA 2025.05.03 15:32 I attest to the accuracy and integrity of this document