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1999 Supreme(P&H) 835

PUNJAB AND HARYANA HIGH COURT
Bakhshish Kaur, J.
Dharma - Petitioners
Versus
State of Punjab - Respondent
Criminal Revision No. 240 of 1988.
Decided On : 12 August, 1999

Advocates Appeared:
For the Petitioner:Mr. R.S. Randhawa, Advocate.
For the Respondent: Mr. I.P.S. Sidhu, AAG Punjab.

The court has the discretion to reduce the sentence already undergone by the accused based on the circumstances and the interest of justice.

Headnote:

Conviction - Indian Penal Code - Reduction of Sentence

Fact of the Case:

The petitioners were convicted and sentenced under various sections of the Indian Penal Code by the trial court, and their conviction and sentence were upheld by the Appellate Court. The courts found that the petitioners had caused injuries to the complainant-party.

Finding of the Court:

The court acknowledged the injuries caused by the petitioners and the protracted trial they had undergone. It decided to reduce the sentence already undergone by the petitioners in the interest of justice.

Issues: Conviction and sentencing under various sections of the Indian Penal Code, reduction of sentence

Ratio Decidendi: The court considered the injuries caused and the duration of the trial in deciding to reduce the sentence already undergone by the petitioners.

Final Decision: The sentence awarded to the petitioners was reduced to the already undergone by them, and the revision was disposed of.

ORDER

Bakhshish Kaur, J - The petitioners were convicted and sentenced to under go imprisonment on various counts under sections 326/325/324/323/148/149 of Indian Penal Code by the trial court. Their conviction and sentence was maintained by the Appellate Court.

2. Nothing is being said with regard to the conviction of the petitioners. Otherwise also, the courts below have, on the perusal of the evidence, come to the concurrent finding, which is well-reasoned that the petitioners have caused injuries to the complainant-party.

3. The occurrence took place on October 13, 1987 i.e. nearly 12 years back. The petitioners have already undergone the travail and agony of protracted trial. Thus, interest of justice would be met if the sentence awarded to them is reduced to the already undergone by them. With this modification in the sentence, the revision stands disposed of.


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