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Puran vs State Of Punjab on 12 July, 2018

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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Crl. Revision No. 319 of 2018 2

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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