Criminal Revision No. 549 of 1997 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Revision No. 549 of 1997
Date of Decision: 4.3.2009
Gian Singh and Others
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Bipan Ghai, Senior Advocate
with Mr. Sandeep Gehlawat, Advocate
for the petitioners.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for the State.
Mr. S.S. Narula, Advocate
for the complainant.
Kanwaljit Singh Ahluwalia, J. (Oral)
Gian Singh, Karnail Singh, Rajinder Singh and Ajaib Singh
were tried in case FIR No. 28 dated 27.2.1988 registered at Police
Station Sahnewal, under Sections 326, 325, 324, 323 & 148 IPC.
Briefly stated that on 26.2.1988 at about 7.30 P.M. Gurmail
Singh and his brother Pritam Singh were returning to their house from
the fields. They had gone to bring fodder. When they reached near the
house of Mela Ram son of Milkhi Ram, there Mela Ram met them. At
that time, Karnail Singh accused raised an alarm that complainant be
taught a lesson for obstructing the street. The accused were armed with
Criminal Revision No. 549 of 1997 2
weapons and caused injuries to Gurmail Singh, Pritam Singh and Mela
Ram.
Pritam Singh, Gurmail Singh and Mela Ram, injured were
medicolegally examined by Dr. Suresh Kumar PW.1.
Trial Court considered the evidence of Dr. K.L. Kapur DW.1
and held that even though Gian Singh accused had suffered injuries,
they are on the non-vital part of the body. Grievous injury suffered by
accused Gian Singh is on little finger, therefore, no benefit was granted
to the accused. For recording conviction, the trial Court, also took into
consideration, the fact that PW Pritam Singh, injured, had suffered an
injury on the occipital region and the injury was bone deep and underline
bone was cut.
Aggrieved against the same, the accused/petitioners had filed
an appeal. The Appellate Court upheld their conviction and sentence
awarded by the trail Court.
Petitioners were convicted and sentenced under Section 326
IPC to two years rigorous imprisonment.
Mr. Bipan Ghai, Senior Advocate, assisted by Mr. Sandeep
Gehlawat, Advocate, has stated that Gurmail Singh, injured, appeared
as PW.2, Pritam Singh, injured, appeared as PW.4 and Mela Ram,
injured, appeared as PW.5, therefore, their presence at the spot is
stamped and the two Courts below have found their testimony to be
reliable. Therefore, he will not be in a position to assail their testimony.
Counsel for the petitioners has submitted that in the present case,
occurrence pertains to year 1988 and the petitioners have suffered
protracted trial for 21 years. He has further submitted that in the last 21
Criminal Revision No. 549 of 1997 3
years, petitioners have committed no offence and there is a complete
peace, amity and harmony in the village. He further submitted that in
case the petitioners are sent behind bars at this stage, peace prevailing
in the village may be disturbed and may cause another incident. It has
been further submitted that petitioners have undergone about two
months of their actual sentence. It has been further canvassed before
this Court that injured-witnesses can be compensated by enhancing the
fine.
I find merit in this contention of learned counsel for the
petitiones.
Accordingly, sentence awarded upon the petitioners is
reduced to already undergone. However, sentence of fine is enhanced
to Rs.25,000/- qua each accused. The amount of fine shall be disbursed
by the trial Court to the three injured proportionately. No benefit of
reduction in sentence shall accrue to the petitioners, in case fine is not
deposited.
With the observations made above, the present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
March 4, 2009
“DK”