IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 68-SB of 1997
Date of Decision: 23.10.2008
***
Issab and others
.. Appellants
Vs.
State of Haryana
.. Respondent.
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
Present:- Mr. Depender Pal, Advocate,
for the appellants.
Mr. Dilbagh Singh, AAG Haryana
...
ARVIND KUMAR, J.
This appeal is directed against judgment and order dated
20.12.1996 passed by the Sessions Judge, Gurgaon, whereby the accused-
appellants have been convicted and sentenced for commission of offence
under Sections 304 Part-I and 323 read with Section 34 IPC. Under Section
304 Part-I read with Section 34 IPC, they have been sentenced to undergo
rigorous imprisonment for ten years and to pay a fine of Rs.2000/- each
and in default of payment of fine, to further undergo simple imprisonment
for six months while under Section 323 read with Section 34 IPC, they have
been sentenced to RI for one year. Both the sentences were ordered to run
concurrently.
Brief facts are that Issab accused had orally mortgaged 1 ½
acres of his land to Kamru and his brother Nisar about 10 years prior to the
date of occurrence. A controversy arose between the parties about a month
prior to the occurrence since Issab had started cultivating the mortgaged
land without redeeming it. A compromise was brought about between the
parties by the respectables of the village whereby Kamru and Nisar
surrendered half acre of the land to Issab and the remaining one acre
remained under their possession. On 21.11.1995 at about 1 p.m. Issab along
Crl. Appeal No. 68-SB of 1997 -2-
with his sons Rozdar, Ilyas and Maktul came along with their tractor to the
remaining one acre field which was still under mortgage, with a view to
cultivate the same. Kamru and Nisar reached the spot and objected to the
threatened act of Issab and his sons in tilling the land with help of tractor.
Rozdar who was on the driver’s seat of the tractor, got down and he along
with his other two brothers and father attacked Kamru and Nisar causing
them injuries with the help of Lathis. Attracted by the noise Iqbal, Leela,
and Jamil, who were busy working in nearby fields, reached the spot and on
seeing them all the accused left the spot with their respective weapons.
Kamru was firstly removed to the village and then to Punhana hospital,
where he succumbed to his injuries. The report about the crime was lodged
by Kamru’s brother Nisar.
After completion of necessary investigation and other
formalities, the accused were sent to face his trial for the offence punishable
under Sections 302 and 323 read with Section 34 IPC. The learned trial
Court on finding a prima-facie case under the said Sections, charge-sheeted
the appellants to which they pleaded not guilty and claimed trial.
To substantiate the charges against the appellants, the
prosecution examined PW-1 Dr. M.S.Ranga, PW-2 Dr.Lal Singh, PW-3
Constable Rajinder Parshad, PW-4 Sheodan Khan, Patwari, PW-5 Iqbal,
and PW-6 SI Kaptan Singh and after tendering into evidence the report of
the Forensic Science Laboratory, as Exhibits PK and PL, closed its
evidence.
In his statement recorded under Section 313 Cr.P.C. the
appellants-accused denied the prosecution allegations and pleaded false
implication in he case. They however, did not produce any evidence in
defence.
After hearing the parties, the learned trial Court, however, on
the basis of evidence brought on record, convicted the appellants under
Sections 304 Part I and 323 read with Section 34 IPC and accordingly,
sentenced them in the manner indicated above. Hence, the instant appeal.
I have heard the learned counsel for the parties and have also
gone through the record carefully.
Counsel for the appellants has confined his argument for
Crl. Appeal No. 68-SB of 1997 -3-
reduction of sentence. Stress is that Rozdar, Ilyas and Maktul have already
undergone sentence of 5 years whereas Issab has already undergone 1 year,
3 months and 14 days of sentence but he requires liberal view as he is an
old man of 87 years since he was aged 75 years when his statement under
Section 313 Cr.P.C. was recorded on 4.10.1996. The purpose of criminal
law justice is to bring discipline, peace and harmony in the society and also
to give an opportunity to an erring individual to reform himself. In
appropriate cases, leniency be shown and opportunity is required to be
given to the accused to reform themselves by adopting reformative
approach. It is not in dispute that the parties are co-villagers. It has also
not been indicated that during all these years, they had any further tiff
among themselves. If the appellants are sent behind bars, it will revive the
old enmity between the parties in the village. They have already suffered
agony of long trial/appeal for the last 13 years. Therefore, it would be
expedient in the interest of justice to take a lenient view that the sentence
awarded to the accused deserves to be modified and the legal
representatives of the deceased can be compensated for the death of Kamru.
For the foregoing reasons, the sentence awarded to the
appellants under Section 304 Part-I IPC stands reduced to the period
already undergone by them. It is further made clear that the appellants shall
pay Rs.20,000/- each as compensation to the legal representatives of the
deceased within three months from today failing which the appeal shall be
treated as dismissed.
The appeal stands disposed of in the terms indicated
above.
October 23, 2008 ( ARVIND KUMAR ) JS JUDGE