In Criminal Revision No.707 of 2006, the High Court upheld the conviction of Krishan and others for affray and causing hurt but reduced their sentences to the period already undergone, while keeping the fines intact.
Convictions upheld; sentences reduced to period undergone; fines maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Revision No.707 of 2006
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Revision No.707 of 2006 Date of Decision: 28.03.2011.
Krishan and others
..Petitioners
Versus
State of Haryana
..Respondent
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Vineet Sharma, Advocate, for the petitioners.
Mr. Satyavir Singh Yadav, D.A.G. Haryana, for the respondent – State.
NAWAB SINGH.J (ORAL)
This revision is directed against the judgment dated March 8th , 2006 passed by Additional Sessions Judge, Fast Track Court, Gurgaon, whereby, he partly accepted the judgment of conviction and order of sentence dated February 14th , 2004 of Judicial Magistrate First Class, Gurgaon, and the petitioners were convicted and sentenced as under: -
| U/s | Sentence Fine In default |
|---|---|
| 323/34 IPC | RI for 3 months |
| 325/34 IPC | RI for 1 year Rs.1000/- |
| 326/34 IPC | RI for 2 years Rs. 5000/- |
| concurrently. | The sentences were ordered to run |
| 2. | On August 20th, 1995, an occurrence took place in |
| village Jatauli | over a trivial issue of allegedly throwing water by |
| Harpal Singh, | complainant-injured (PW-3) in the passage being used |
| by Madan Sin | gh and Sudhir-petitioners. From the complainant side, |
| Harpal Singh, | Kamlesh and Baljeet received injuries at the hands of |
| the petitioners | . whereas, from the side of the petitioners, Madan, |
| Sudhir – petitio | ners and Omwati wife of Madan also received injuries. |
Criminal Revision No.707 of 2006
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Sudhir also suffered a fracture.
(NAWAB SINGH) JUDGE
28.03.2011 som
2 issues framed by the court
Whether the sentences of the petitioners convicted under Sections 323, 325, and 326 IPC should be reduced to the period already undergone.
Whether the conviction upheld despite the petitioner being an ex-serviceman and a breadwinner after 16 years of proceedings.
3 provisions across 1 enactments
Krishan and others
State of Haryana
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
