REKHA MITTAL, J. - (1.) ANIL Kumar, Ram Kumar, Surjit Singh and Raj Kumar petitioners have filed the instant petition to lay challenge to the judgments passed by the Courts below whereby the petitioners have been convicted and sentenced for commission of offence punishable under Sections 323, 452 of the Indian Penal Code (for short ''IPC ''). Notice of motion was issued to hear the parties on quantum of sentence. Custody certificates of the petitioners, filed in Court, are taken on record.
(2.) COUNSEL for the petitioners would contend that the petitioners have already suffered sufficiently and undergone trauma of proceedings for the last more than 07 years. Their custody period is more than five months since the dismissal of their appeal by the Court of Sessions. It is prayed that keeping in view the nature of offence and character and antecedents of the petitioners, sentence awarded to them may be reduced to the period already undergone and they are ready to pay compensation to the injured -victim, if so directed. Counsel for the State has not disputed correctness of facts on record but opposed the prayer for reduction in sentence. I have heard counsel for the parties and perused the case file. The criminal proceedings were initiated against the petitioners with the lodging of FIR in October 2006 in regard to an occurrence alleged to have taken place in July 2006. The petitioners have undergone trauma and pangs of criminal proceedings for the last more than 07 years. They have suffered actual custody for a period more than five months. There is no other criminal case registered much less pending against them. There is no material available on record that delay in conclusion of criminal proceedings by the trial court or the court in appeal is attributable to the petitioners. The petitioners are ready to pay compensation to the injured victim.
(3.) KEEPING in view totality of the facts and circumstances discussed hereinabove, the sentence awarded to the petitioners for offence under Sections 323, 452 IPC is reduced to imprisonment for a period of six months. The order passed by the trial court that both the sentences shall run concurrently and payment of fine shall remain intact. However, the petitioners shall deposit Rs. 5000/ - each with the trial court within a period of 15 days which shall be payable to the injured victim towards compensation. The failure of the petitioners to deposit the amount would result in deemed dismissal of the petition.;