In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.40856 of 2008
in
Criminal Appeal No.862-DB of 2003
.....
Date of decision:26.11.2008
Chamkaur Singh and others
...Appellants
v.
State of Punjab
...Respondent
Coram: Hon'ble Mr. Justice S.S. Saron
Hon'ble Mrs. Justice Sabina
Present: Mr. Preetinder Singh Alhuwalia, Advocate for the applicant-
appellant No.1 (Chamkaur Singh).
Mr. S.S. Bhinder, Additional Advocate General, Punjab
for the respondent-State.
.....
S.S. Saron, J.
Heard learned counsel for the parties.
The applicant-Chamkaur Singh (appellant No.1) seeks
suspension of sentence of imprisonment during the pendency of the appeal.
In terms of the custody certificate dated 15.10.2008 the applicant as on
22.9.2008 has undergone actual imprisonment of five years, two months
and eighteen days. He came late by one day from the four weeks parole that
was granted to him on 24.4.2007. For the same, he has been awarded
punishment of five days cut from jail remission.
The FIR has been registered on the complaint of Joginder Singh
(PW-3). According to him Kewal Singh, appellant No.2 (non-applicant) on
Cr. Misc. No.40856 of 2008 in
Cr. Appeal No.862-DB of 2003
[2]
12.12.2002 was playing his tape-recorder at a high pitch. Therefore, it was
objected by Jasbir Singh (PW-4). On this account an altercation ensued
between Jasbir Singh (PW-4) and Kewal Singh (appellant No.2). The
matter was, however, settled. On the following day i.e. on 13.12.2002 at
about 6.00 a.m. Joginder Singh (PW-3) and Jasbir Singh (PW-4) both sons
of Amar Singh (deceased) were going to the field. Kewal Singh (appellant
No.2) armed with `Sotha’, Chamkaur Singh (appellant No.1-applicant)
armed with the `Gandasa’ and Satta alias Satnam Singh (appellant No.3)
empty handed all sons of Buta Singh assaulted Joginder Singh (PW-3) and
Jasbir Singh (PW-4). Satta alias Satnam Singh (appellant No.3) raised a
`Lalkara’ to teach them lesson for stopping them from playing the tape-
recorder on the previous night. In the occurrence Amar Singh (deceased),
father of Joginder Singh (PW-3) and Jasbir Singh (PW-4) intervened and
Chamkaur Singh (appellant No.1-applicant) gave a `Gandasa blow from its
reverse side which hit Amar Singh on his head. Amar Singh fell on the
ground upon which Satta caused fist blows.
It may be noticed that the `Gandasa’ blow which has been
inflicted has not been repeated besides it is from the reverse side.
Therefore, one of the circumstances which would in any case require to be
considered was whether there was an intention to kill. This is moreso for
the reason that the cause of the grudge was for playing the tape-recorder at a
high pitch. The appellant No.1-applicant has undergone more than five
years of sentence and after conviction he has undergone more than three
years. In the circumstances, the parameters laid down by a Division bench
of this Court in the case of Dharampal v. State of Haryana, 1999 (4) RCR
Cr. Misc. No.40856 of 2008 in
Cr. Appeal No.862-DB of 2003
[3]
(Cr.) 600 (DB) have been met. The appeal is not likely to mature for
hearing in the near future. Keeping in view the period of imprisonment
undergone by the applicant and the role attributed to the applicant, as also
the cause of the grudge, the ends of justice would be met in case the
sentence of imprisonment of the applicant-appellant No.1 is suspended.
Accordingly, the criminal miscellaneous application is allowed
and the sentence of imprisonment of applicant-appellant No.1 on his
furnishing personal bond and surety to the satisfaction of learned Chief
Judicial Magistrate, Sangrur shall remain suspended.
(S.S. Saron)
Judge
November 26, 2008. (Sabina)
Judge
*hsp*