Chander Shekhar vs State Of Ut Chandigarh on 5 February, 2018

CRR No.4144 of 2017(OM)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Revision No.4144 of 2017(OM)
Date of Decision: February 05 , 2018.

Chander Shekhar …… PETITIONER (s)

Versus

U.T. Chandigarh and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Ashish Gupta, Advocate
for the petitioner.

Mr. Parveen Chauhan, Advocate for
Mr. Gagandeep S.Wasu, APP, U.T.

Mr. Vikas Garg, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

CRM No.41850 of 2017

Annexures P1 and P2 are taken on record subject to just exceptions.
Exemption from filing certified copies thereof is granted.

Misc. application is disposed of.

CRM No.41851 of 2017
For the reasons mentioned in the application as well as the arguments
addressed, the same is allowed. The complainant – Seema daughter of Tek
Chand, resident of House No.2001/3, Sector 32C, Chandigarh is impleaded as
respondent No.2 in this petition.

Amended memo of parties is taken on record.

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CRR No.4144 of 2017(OM)

This revision petition has been filed challenging judgment and order

dated 01.10.2015 passed by the learned Judicial Magistrate First Class,

Chandigarh as well as judgment dated 28.08.2017 passed by the learned

Additional Sessions Judge, Chandigarh. The petitioner has been convicted by the

learned trial court for the offences punishable under Sections 354/323/506 IPC.

By a separate order of even date, the petitioner has been sentenced as under:-

Offence u/s Sentence
354
IPC Rigorous imprisonment for two years, besides, pay

a fine of `500/- and in default thereof, undergo
further rigorous imprisonment for seven days
323
IPC Rigorous imprisonment for six months, besides,
pay a fine of `500/- and in default thereof, undergo
further rigorous imprisonment for seven days
506
IPC Rigorous imprisonment for one year, besides, pay a
fine of `500/- and in default thereof, undergo
further rigorous imprisonment for seven days

All the sentences are ordered to run concurrently. Appeal filed by the

petitioner was dismissed on 28.08.2017 by the learned Additional Sessions Judge,

Chandigarh.

Notice of motion in this case was issued limited to the question of

quantum of sentence imposed upon the petitioner.

Brief facts of the case are that FIR No.18 dated 09.01.2013 was

registered on the basis of a statement of PW1 the complainant/respondent No.2 to

the effect that at about 9.45 p.m. on 09.01.2013, the petitioner was passing by the

complainant’s house. He was under the influence of some intoxicant. He hit a

cooler with his hand and kicked the scooter parked nearby. When questioned

about the same by the complainant, he started misbehaving with her, caught hold

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of her hands, slapped her on the face as well as punched her. The petitioner also

threatened to kill her. The complainant suffered injuries on her face and head.

PW1, the complainant stated that she knew the petitioner since her birth as he is

her neighbour. On the basis of the complainant’s statement, the abovesaid FIR was

registered. The petitioner was arrested on the intervening night of 9/10 January,

2013. The complainant received treatment at the Government Hospital, Sector 32,

Chandigarh. Investigation was carried out and final report under Section 173

Cr.P.C. against the petitioner was presented. He pleaded not guilty and claimed

trial.

Prosecution examined three witnesses including the complainant to

prove its case. PW2 SI Devi Dayal proved the Medico Legal Report (Ex.PW2/D)

and summary (Ex.PW2/E) as well as the CT Scan report (Ex.PW2/F) of the

victim. The petitioner in his statement under Section 313 Cr.P.C. denied the

incriminating evidence put to him. No evidence was led in defence.

The learned trial court on considering the entire facts, circumstances

of the case and evidence on record, concluded that the prosecution has proved its

case beyond reasonable doubt, thereby convicting the petitioner for the offences

punishable under Sections 323/354/506 IPC and sentenced him as detailed above.

The appeal preferred by the petitioner was dismissed by the learned Additional

Sessions Judge, Chandigarh on 28.08.2017. Aggrieved therefrom, the present

revision petition has been filed.

As noted earlier, learned counsel for the petitioner does not challenge

the conviction of the petitioner and limits his prayer for reduction of the quantum

of sentence imposed upon the petitioner.

It is submitted that during the pendency of this revision petition, the

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matter has been amicably resolved between the parties. They are both residents of

the same locality and wish to live in peace and harmony. The compromise

between the parties is attached as Annexure P2 with this petition and affidavit of

the complainant/respondent No.2 is attached as Annexure P1. The petitioner, it is

submitted, is not involved in any other case and as on date, he has undergone

more than five months of the actual sentence imposed upon him. He is not

involved in any other criminal case either before or after the registration of the

FIR in question. The petitioner, it is submitted, is a first offender and has a family

to look after. Therefore, the petitioner prays for leniency in the quantum of

sentence. Learned counsel for the petitioner relies upon the judgment of the

Hon’ble Supreme Court in Satyaendra Dayal Khare v. State of Maharashtra,

2005(12) SCC 485 to urge that the ends of justice would be met in case the

sentence of two years imposed upon the petitioner be reduced to the one already

undergone. Learned counsel for the petitioner also relies upon the decisions of

this Court in Dilbagh Singh @ Bagga v. State of Punjab, 2009(4) RCR(Crl.)

666 and Parkash @ Ghamandi v. State of Haryana, 2008(1) RCR(Crl.) 823

wherein the sentence imposed upon the said accused was reduced to that of one

already undergone i.e., two and half months.

Learned counsel for the complainant affirms and verifies the factum

of the compromise between the parties. It is submitted that the complainant has

no objection in case the sentence imposed upon the petitioner is reduced as prayed

for.

Custody Certificate dated 18.01.2018 verified by Mr. Amandeep

Singh, CPS, Deputy Superintendent, Model Jail, Chandigarh indicating the period

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of custody of the petitioner, filed in Court today, with a copy thereof to learned

counsel for the petitioner, is taken on record subject to just exceptions.

A perusal of the custody certificate dated 18.01.2018 filed in Court

today reveals that the petitioner has undergone actual sentence of four months and

twenty nine days as on 18.01.2018 and in case period of remission is included, the

total sentence undergone is six months and fifteen days out of the sentence of two

years imposed upon him. Learned counsel for Union Territory, Chandigarh

verifies that the petitioner is not involved in any other criminal case either before

or after the present matter. It is noted that FIR in this case is dated 09.01.2013 i.e.

prior to the amendment in Section 354 IPC, whereby minimum punishment was

not prescribed.

Keeping in view the facts and circumstances of the case, conviction

of the petitioner for the offences punishable under Sections 354/323/506 IPC is

upheld. However, it is considered just and expedient to reduce the sentence

imposed upon the petitioner from two years rigorous imprisonment to the one

already undergone. However, fine imposed upon the petitioner by the learned

trial court is enhanced to `5,000/- from `500/- under Section 354 IPC and to

`2,500/- each instead of `500/- under Sections 323/506 IPC. The imprisonment

in default thereof is maintained.

With the said modification in the sentence, this revision petition is

dismissed.

( LISA GILL )
February 05 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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