Crl. Revision No. 319 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Revision No. 319 of 2018 (OM)
Date of Decision: 12.07.2018
***
Puran
.. Petitioner
Vs.
State of Punjab
.. Respondent
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present:- Mr. Jagdish Rai, Advocate
Legal Aid Counsel for the petitioner.
Mr. Ajay Pal Singh Gill, DAG Punjab.
***
ANITA CHAUDHRY, J.
The instant revision petition has been preferred against the
judgment vide which the petitioner had been convicted and sentenced under
Section 498-A IPC. His appeal was dismissed by the first Appellate Court.
Jangir Kaur was married to the petitioner on 22.02.2009. She
lodged a complaint with the police against the petitioner and others alleging
harassment and maltreatment for bringing more dowry. It was alleged that
the accused misappropriated dowry articles. FIR No. 47 dated 04.07.2013
was registered under Sections 406 and 498-A IPC and investigated. Final
report was filed against the petitioner, brother Balbir Singh and his wife
Lachhmi Bai while others were found innocent.
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The trial culminated into acquittal of Lachhmi Bai. The
petitioner and his brother though were acquitted under Section 406 IPC but
they were convicted under Section 498-A IPC and sentenced to rigorous
imprisonment for two years and to pay a fine of Rs.1000/- each. In default
of fine, they were required to further undergo rigorous imprisonment for one
month.
In the appeal, the Court below acquitted Balbir Singh. The
conviction of the petitioner was maintained, but his sentence was reduced to
one year.
Dis-satisfied with the same, instant revision petition has been
filed.
On 17.05.2018 limited notice on the quantum of sentence was
issued.
Learned Legal Aid counsel has pointed out that out of awarded
sentence of one year, the petitioner has undergone about 10 months and 14
days of sentence which include remission of one month and 10 days. He has
further averred that except the matrimonial cases, no other case is pending
against the petitioner and he has paid the fine amount.
Learned State counsel has not controverted this position.
The petitioner has already undergone the agony of protracted
trial as well as appeal for more than 05 years. Considering the facts and
circumstances of the case and the antecedents of the petitioner coupled with
the nature of offence for which he has been convicted, this Court is of the
considered opinion that ends of justice would be met if the sentence of the
petitioner is reduced to the period already undergone by him under Section
498-A IPC. It is ordered accordingly. The order of conviction of the
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Crl. Revision No. 319 of 2018 3
petitioner is upheld. He be released forthwith, if not required in any other
case.
With the above modification, the instant revision petition
stands disposed of.
July 12, 2018 (ANITA CHAUDHRY)
Jiten JUDGE
Whether speaking/ reasoned Yes/ No
Whether reportable Yes/ No
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