- (1.) Challenge in this criminal revision petition is to the judgment dated 30.10.2013, passed by the learned Additional Sessions Judge, Ambala, whereby the appeal filed by the petitioners challenging their conviction and sentence for the offences punishable under Sections 323 and 324, both read with Section 34, IPC, recorded by the learned Judicial Magistrate Ist Class, Ambala, was dismissed.
(2.) Learned counsel for the petitioners at the very outset submits that in view of the concurrent findings of both the learned Courts below, he does not intend to challenge the conviction of the petitioners, however, the sentence of imprisonment awarded to the petitioners is on higher side. He further submits that in view of the facts that the petitioners are first offenders; they are daily wagers; each one of them has already suffered incarceration for more than 81/2 months; the injuries received by respondent Nos. 2 and 3, namely, Mam Chand and Satish Kumar, have healed and they are leading their normal life, the petitioners deserve to be dealt with leniently. They may be released on probation or should be let off after reducing their substantive sentence to the period already undergone by each one of them.
(3.) Learned counsel for the State has very fairly conceded that none of the petitioners is a previous convict and each one of them has suffered incarceration for more than eight months. In support of his contention, he has placed on record the affidavits of the Superintendent, Central Jail, Ambala, showing the period of incarceration suffered by the petitioners. He, however, submits that if the substantive sentence of the petitioners is reduced to the period undergone by each one of them, then they should be ordered to pay compensation to the injured persons in view of the provisions contained in Section 357, Cr.P.C.;