Kanwaljit Singh Ahluwalia, J.@mdashIn the present case, Mandeep Kaur @ Rupinder Kaur was married with Gurwinder Singh on 10th April 1998. Complainant Mandeep Kaur @ Rupinder Kaur had instituted a complaint in the Court of Sub Divisional Judicial Magistrate, Phool in May, 1999. In the complaint, she has stated that she was harassed/maltreated by her husband Gurwinder Singh and his parents, Nirbhai Singh and Nachhattar Kaur. It was further submitted that cruelty was also inflicted upon her by Jaswinder Kaur, sister of Gurwinder Singh and Jaskaran Singh husband of Jaswinder Kaur.
2. Witnesses were examined by the learned trial Court and Jaskaran Singh was acquitted. Trial Court convicted all the accused to undergo undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- each on both counts i.e. under Sections 498-A and 406 IPC.
3. Aggrieved against the same, an appeal was filed. The appellate Court acquitted Jaswinder Kaur but upheld the conviction and sentenceof husband Gurwinder Singh and his parents Nirbhai Singh and Nachhattar Kaur.
4. Mr. S.K. Chawla appearing for the petitioners has stated that two Courts below have not relied upon any cogent evidence. He has stated that two Courts below have placed implicit reliance upon the testimony of complainant aggrieved wife. On an observation made that this Court cannot re-appreciate and do re-appraisal of the evidence while exercising revisional jurisdiction, Mr. Chawla has stated that he be permitted to make an alternative prayer. Advancing his arguments in support of the alternative prayer, counsel for the petitioners has submitted that at the time when the complaint was filed in year 1999, Nirbhai Singh was aged 65 years and Nachhattar Kaur was aged 61 years. He has stated that they have already undergone 2 months and 10 days of their actual sentence. He has further submitted that they are not previous convict. This case is their first offence.
5. Taking into consideration their age and antecedents, Nirbhai Singh and Nachhattar Kaur are ordered to be released on probation for a period of one year, subject to furnishing their bonds to the satisfaction of the trial Court. The trial Court may impose any condition in the bonds, while releasing petitioners Nirbhai Singh and Nachhattar Kaur on probation.
6. It has further been submitted that since present complaint was instituted in year 1999, petitioner Gurwinder Singh has also suffered a protracted trial.
7. Taking this fact into consideration, sentence awarded upon Gurwinder Singh petitioner is reduced to nine months rigorous imprisonment. Nirbhai Singh and Nachhattar Kaur shall also pay Rs. 5000/- each, over and above the fine already imposed towards cost of litigation. Same shall be disbursed to the aggrieved wife.
8. With these modifications in the sentence, present revision petition is disposed off.
