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High Court of Punjab and HaryanaCRR/1910/2013disposed of

Sanjay Kumar @ Mannu v. State Of Haryana

2018-08-08Mrs Justice Daya Chaudhary2 pages

-1CRR-1910 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-1910 of 2013 Date of Decision: 08.08.2018 Sanjay Kumar alias Mannu ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Parminder Singh, Advocate, for the petitioner. Mr. Yashwinder Singh, DAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Custody certificate filed in Court today is taken on record. Through this revision petition challenge has been laid to judgment of conviction dated 07.08.2012 and order of sentence dated 11.08.2012 of the trial Court, whereby the petitioner has been held guilty and sentenced to undergo rigorous imprisonment for six months and pay fine of Rs.500/- for commission of offence under Section 323 IPC. In default of payment of fine to undergo simple imprisonment for fifteen days. To undergo rigorous imprisonment for one year and pay fine of Rs.500/- for commission of offence under Section 324 IPC. In default of payment of fine to undergo simple imprisonment for fifteen days. To undergo rigorous imprisonemnt for three years and pay fine of Rs.5000/- for commission of offence under Section 326 IPC.

In default of payment of fine to undergo simple imprisonment for three months. To undergo rigorous imprisonment for one year and pay fine of Rs.1000/- for commission of offence under Section 506 IPC. In default of payment of fine to undergo simple imprisonment for one RAVINDER SINGH 2018.08.09 18:29 I attest to the accuracy and authenticity of this document month and judgment dated 03.06.2013 of the First Appellate Court, whereby appeal preferred by the petitioner has been dismissed.

-2CRR-1910 of 2013 At the outset, learned counsel for the petitioner submits that he does not challenge this revision on merits and prays for taking a lenient view qua quantum of sentence in view of compromise (Annexure A-1) and also on further payment of Rs.1,00,000/- in compliance to order dated 26.11.2013 to the legal heirs of complainant Sanjay Sandhu. Original compromise allegedly signed by legal heirs of deceased complainant, has been produced in Court. The same is taken on record as Annexure A-2. Office to tag the same at an appropriate place. Heard.

Perusal of order dated 26.11.2013 shows that by that date the petitioner had already undergone 06 months and 10 days out of total sentence of three years, as per custody certificate dated 27.07.2013 produced on that date by the learned State counsel. Considering the compromise between the parties, in the opinion of this Court, to avoid tension and maintain peace and harmony in relations between the petitioner and legal heirs of deceased complainant, no useful purpose would be served by keeping the petitioner in the company of hardcore criminals. Accordingly, affirming the judgment of conviction of the petitioner, order of sentence is modified to the extent already undergone, subject to payment of Rs.1,00,000/- in compliance of order dated 26.11.2013 of this Court.

With the observations made above, present revision petition is disposed of.

(RAMENDRA JAIN) August 08, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No RAVINDER SINGH 2018.08.09 18:29 I attest to the accuracy and authenticity of this document Whether Reportable Yes/No