The High Court
Case Details
IN THE HIGH COURT OF PUNJAB PUNJAB AND HARYANA CHANDIGARH AT CHANDIGARH 250 Sube Singh Haryana State of Haryana CRR- 1633 Date of 1633-2019 (O&M) of decision: 13.11.2025 ...Petitioner VERSUS ....Respondent CORAM: HON'BLE HON'BLE MR. JUSTICE VINOD VINOD S. BHARDWAJ Mr. Arnav Ghai, Advocate Present: Mr. for the petitioner. for Mr. Vivek Chauhan, Addl. AG, Mr. ***** Haryana. VINOD S. BHARDWAJ. BHARDWAJ. J.(Oral) The present revision petition has The has been preferred against the judgment of of conviction dated 07.01.2019 and and order of sentence dated 15.01.2019 arising arising out of case bearing FIR FIR No.376 dated 26.10.2016 registered under under Sections 324, 326 and 506 of the IPC at Police Station Pundri, District District Kaithal passed by the Judicial Judicial Magistrate First Class, Kaithal, whereby whereby the petitioner has been convicted convicted and sentenced to undergo imprisonment imprisonment as under:- Under section Code Rigorous imprisonment for two section 326 of Indian Penal Rigorous and to pay fine of Rs.500. In years and of payment of fine to default further rigorous imprisonment for one month. imprisonment undergo 2. Challenge also is to the judgment Challenge judgment dated 12.04.2019 passed by the Sessions Sessions Judge, Kaithal whereby the appeal appeal filed by the petitioner dismissed. has been dismissed. 3. Briefly stated, the facts of the the present case are that the complainant, Ashok Kumar, made a statement complainant, statement to the police alleging that SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -2- on 25.10.2016, 25.10.2016, at approximately 7:30 p.m., while while he was seated near the Hanuman Temple, Temple, Sube Singh, son of Giani Ram and resident of village Sanch, approached approached him and began hurling abuses. abuses. When the complainant objected, the the accused took out a knife from his pocket and stabbed him on the left side side of his chest, causing him to lose lose consciousness due to the injuries sustained.Upon sustained.Upon hearing his cries, the complainant‘s brother, Mahavir, reached reached the spot. On seeing Mahavir, Mahavir, the accused fled after threatening them them with dire consequences. Mahavir then arranged a private vehicle vehicle and transported the complainant complainant to the Community Health Centre, Centre, Pundri, from where he was referred to the Government Hospital, Kaithal. Kaithal. He was thereafter referred referred further to the Postgraduate Institute of Medical Medical Education and Research (PGI), Chandigarh. 4. On the basis of the complainant
Facts
complainant‘s statement, a formal FIR was registered, registered, and investigation commenced. commenced. The accused was subsequently arrested. Upon completion of subsequently the investigation, the police prepared and and presented the challan before the the competent Court. 5. On completion of the procedural procedural compliances, parties led their respective respective evidence. The prosecution examined as many as nine prosecution witnesses witnesses in support of its case and and exhibited as many as 18 documents. The The same are tabulated hereinafter hereinafter for reference:- PW1 Dr. Harshdeep MO (complainant) PW2 Ashok Kumar (complainant) PW3 Dr. Ashish Goyal PW4 Assistant Sub Inspector PW5 Mahabir Singh PW6 Assistant Sub Inspector Kumar Inspector Satish Kumar PW7 Krishan Kumar PW8 Head Constable Krishan PW9 Mahipal Inspector Bhagwan Inspector Subhash Chand SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -3- 6. Prosecution has proved the following following documents:- Ex.PW1/A Ex.PW1/B Ex. PW1/C & Ex. PW1/D Ex.PW2/A Ex.PW3/B Ex.PW3/C Ex.PW3/D Ex.PW4/A Ex.PW4/B Ex.PW4/C Ex.PW6/A Ex.PW6/B Ex.PW9/A Ex.PW9/B Ex.PW9/C Ex.PW9/D Ex.PW9/E & summar Case summar Opinion Opinion NC & CECT CECT Thorax of Ashok Statement Statement MLR of Rukka Opinion Opinion Arrest Form Rough Recovery memo Recovery F.I.R Endorsement Endorsement Applications Applications Form Sketch Proceedings Police Proceedings Site plan plan Application Application 7. The entire evidence was put to petitioner and his statement under Section Section 313 Cr. P.C. was recorded. He He denied the same but led no defence. evidence in defence. 8. After considering the arguments arguments advanced, the testimonies of witnesses and the evidence placed on record, cord, the Judicial Magistrate First Class, Kaithal, Kaithal, vide judgment of conviction conviction dated 07.01.2019 and order of sentence sentence dated 15.01.2019, sentenced sentenced the petitioner as above. mentioned above. 9. Appeal against the judgment of conviction & order of sentence was was dismissed by the Sessions Judge, Judge, Kaithal vide judgment dated 12.04.2019. 12.04.2019. Hence, the present revision revision petition. 10. After arguing the matter at some After some length, counsel for the petitioner does does not press the present revision revision petition on merits and SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -4- contends that that he would confine his challenge challenge only to the quantum of punishment The that has been awarded. The following mitigating circumstances are pointed out by the counsel circumstances counsel for the petitioner: A. The incident incident in question pertains to the year year 2016 and the petitioner has alread already faced the agony of a protracted protracted trial for nearly 09 years. B. The petitioner petitioner has already undergone an actual custody of more than 01 year and and 01 months out of the total sentence sentence of 02 years. C. The petitioner petitioner is nearly fifty years of age when he was convicted and is already already attained age of nearly 56 years. years. The children of the petitioner would be of a marriageable age. petitioner age. He thus has crucial family responsibilities to discharge. responsibilities D. There is no no record of the petitioner having having been involved in any other similar crimina criminal offence, either prior to or or during the pendency of the present case, case, indicating that the petitioner petitioner has reformed himself and has successfully successfully reintegrated into the mainstream mainstream of society. E. Accordingly, Accordingly, it is prayed that the sentence sentence imposed upon the petitioner oner be reduced to the period already already undergone. 11. On the other hand, the learned On learned State counsel, while opposing the the submissions advanced on behalf behalf of the petitioner, has argued that the the prosecution has successfully successfully established the guilt of the petitioner through through cogent, reliable, and convincing convincing evidence brought on record during during trial. It is further contended that that the offence committed by the petitioner petitioner is of a serious nature and, therefore, therefore, calls for imposition of a stringent sentence. sentence. The learned State counsel counsel submits that leniency in such cases would would send a wrong signal to society and undermine the SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -5- administration of criminal justice. Hence, it administration is imperative that adequate and deterrent deterrent punishment be imposed to ensure ensure that such acts do not recur and to ma maintain public confidence in the the rule of law. 12. I have heard learned counsel representing I representing the parties and have gone through through the case record. 13. The Hon'ble Supreme Court The in the matter of Pramod Kumar Mishra Mishra Vs. State of UP (2023) 9 9 SCC 810, observed that punishment must must not be viewed as an act of vengeance vengeance but as a means of reformation and and reintegration of the offender offender into society. It was further held that an appropriate sentence must be determined determined by considering a range of factors, factors, including the nature and circumstances circumstances of the offence, the offender’s offender’s background, age, mental and emotional condition, potential for rehabilitation, prior criminal record, record, and the deterrent needs of the community. community. Sentencing, the Court noted, involves a delicate exercise of judicial judicial discretion where multiple multiple social, psychological, and moral factors factors must be balanced to ensure that that justice serves both societal protection and and individual redemption. 14. The fundamental purpose of imposition The imposition of sentence is based upon making making an accused realize the consequences consequences of the crime committed by by him and the creation of the dentin dentin the life of the victims and also the social fabric. The same by itself itself does not oblige the Court to extend opportunity opportunity to a convict for reforming reforming himself. The principles of proportionality proportionality have to be balanced and the the impact of the offence on the society as a whole and its ramifications ramifications on the victim and the immediate collectives examined. collectives also has to be examined. SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -6- 15. A nine judge bench of the Supreme A Supreme Court of the United States, in Dennis Dennis CouncleMcGautha v. State State of California reported as 402 U.S. 183 183 (1971), observed that the criteria criteria governing sentencing neither furnish furnish an exhaustive list of relevant relevant considerations nor indicate how various various circumstances should influence influence the decision-making process. In essence, these standards merely merely suggest broad areas for consideration and underscore the inherent consideration inherent difficulty in formulating uniform sentencing sentencing principles, particularly in in matters of grave offences. The Court further further cautioned against rigidly rigidly prescribing or mandating uniform standards standards for sentencing, emphasizing emphasizing that the principles governing punishment punishment must depend upon the the facts and circumstances of each individual individual case, and that no straightjacket straightjacket formula can be universally ap applied. 16. The imposition of punishment is The is a refined judicial function that demands demands a careful harmonization of its underlying underlying purposes namely, retribution, deterrence, deterrence, and reformation. This This balance must reflect not only the reasoning reasoning of the Court but also the ethical standards and social context in which justice is administered. administered. As societal values and circumstancesevolve, the prominence accorded circumstances accorded to each of these aims necessarily varies, varies, requiring the Court to adapt adapt its emphasis in response to the changing changing demands of justice. The aforesaid aforesaid principle found early articulation in in the writings of Justice Caldwell, Caldwell, who, in his authoritative work ”Criminology,” Criminology,” observed that: ”If the the infliction of pain is to have its greatest effect upon the behavior of a person, it must follow soon behavior soon after the act for which it SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -7- is given. given. But punishment always takes place weeks or even months after the the offense has been committed, since the offender must first be apprehended, apprehended, tried, and convicted. convicted. Such delay tend sto disconnect the punishment from the disconnect offense in the mind of the offender, and it may well be considered offender, considered as merely another painful experience in an unjust world.” experience 17. While ’retributive ‘object of sentencing While sentencing is seen regressive, in modern day day sentencing jurisprudence for for its focus on punishing proportionally for the harm done and caters proportionally caters to the negative senses of spite and anger anger against a wrongful act, the the rehabilitative/reformative approach examines examines the circumstances surrounding surrounding the offender on social, economical, economical, physical and psychological psychological level so as to reintegrate the offender in the social mainstream. The law extends the benefit of good and perceives perceives a probability and possibility possibility of reform. It aims at capitalising a a perceived social liability. The expectation of law is based on the surrounding surrounding circumstances to distinguish distinguish between a’criminal ‘and an ’offender‘ ‘. 18. While the pre-requisites of crime While crime do not distinguish two persons, on the the legal scale, this aspect is significant significant for sentencing. A mere involvement involvement of a person in crime may may not necessarily mark a person as a a’criminal.’ ‘Criminality ‘in mind mind and action has to be determined from from the totality of circumstances circumstances including the mode and manner in committing committing an offence, the conduct conduct pre and post the offence, the criminal antecedents, nature of involvement, involvement, influence of peers etc. and not just just from an isolatory consideration consideration of commission of an SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -8- offence. A Court Court of law would not assume every every offender to be beyond reform and differentiate in punishment on on considering whether the offences arise arise due to human error or that stem stem from actions propelled by mens rea. 19. The case in hand is yet another The another where interest of justice would warrant warrant a reformative approach in precedence precedence to a punitive or retributive approach. approach. It is not the function function of the judges to seek the transformation of human nature itself, but rather transformation rather to shape the framework within which which individuals perceive that adherence adherence to the law aligns with their own best best interests. 20. The penal consequences, in such The such circumstances, deserve to be moderated moderated to ensure a balance of equities, equities, particularly when the offender has has exhibited genuine reformative reformative conduct. The sentence, therefore, warrants warrants suitable modification to reflect recognition and encouragement of such good behaviour. encouragement 21.
Legal Reasoning
It is well settled that the object of It of punishment is not merely to deter but also also to reform, and where an offender offender demonstrates sincere remorse and rehabilitation, the emphasis must must shift from retribution to reintegration into society. 22. Taking into consideration the Taking the facts and the mitigating circumstances as noticed above, I deem it appropriate circumstances appropriate to partly allow the petition. While While maintaining the judgment of of conviction, the order of sentence is modified. modified. The sentence awarded awarded by the Judicial Magistrate First Class, Kaithal Kaithal vide order dated 15.01.2019 15.01.2019 is modified and reduced to the period already undergone. SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document 250 CRR- - 1633-2019 (O&M) -9- 23. All the pending miscellaneous All miscellaneous application(s), if any, are also disposed
Decision
disposed of. 13.11.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD JUDGE Whether speaking/reasoned Whether Reportable : : Yes/No Yes/No Yes/No Yes/No SUMIT SINGH GUSAIN 2025.11.18 17:23 I attest to the accuracy and integrity of this document