High Court Punjab-Haryana High Court

Gurmit Singh @ Pamma And Another vs State Of Punjab on 10 March, 2009

Punjab-Haryana High Court
Gurmit Singh @ Pamma And Another vs State Of Punjab on 10 March, 2009
              IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                              CHANDIGARH



                                         Criminal Revision No.746 of 2002
                                             Date of Decision: 10.03.2009



Gurmit Singh @ Pamma and another
                                                                  Petitioners
                                  Versus
State of Punjab
                                                                 Respondent



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH



Present:    Mr.Iqbal Singh Mann, Advocate for the petitioners
            Mr.A.S.Virk, Addl.A.G. Punjab for the respondent-State
                             ....



Jasbir Singh, J. (Oral)

It was allegation against the petitioners that on 23.10.1995, they

along with on Jagtar Singh @ Babbi, have caused injuries to Sukhdev Singh,

Jagjit Singh and Gurdip Singh.

Vide judgment and order dated 31.3.1998, they were convicted

for commission of offences charged against them. Following sentence was

awarded to them:-

Criminal Revision No.746 of 2002 2

(i) Accused Jagtar Singh stands sentenced to undergo R.I.

for the period of one year for the offence under Section

326 IPC and he is further burdened with Rs.400/- as fine

and in default of payment of fine, accused will further

undergo R.I. for one month more. Accused Gurmit

Singh and Malkit Singh stands sentenced to undergo R.I.

for one year each for the offence under Section 326/34

IPC and to pay fine of Rs.400/- each and in default of

payment of fine each accused will further undergo R.I.

for one month more.

(ii) Accused Jagtar Singh further stands sentenced for the

offence under Section 325 IPC to undergo R.I. for 9

months and to pay fine of Rs.300/- and in default of

payment of fine, he will further undergo R.I. for 15 days.

His co-accused namely Gurmit Singh and Malkit Singh

stands sentenced for the offence under Section 325/34

IPC to undergo R.I. for nine months each accused and to

pay fine of Rs.100/- each and in default of payment of

fine each accused will further undergo R.I. for 15 days

more.

(iii) Accused Jagtar Singh further stands sentenced for the

offence under Section 324 IPC to undergo R.I. for six

months, his co-accused namely Gurmit Singh and Malkit

Singh sentenced under Section 324/34 IPC to undergo

R.I. for six months.

Criminal Revision No.746 of 2002 3

(iv) Accused Malkit Singh stands sentenced for the offence

under Section 324 IPC to undergo R.I. for six months

and his co-accused Gurmit Singh and Jagtar Singh

stands sentenced to undergo R.I. for six months under

Section 324/34 IPC.

(v) Further accused Malkit Singh stands sentenced for the

offence under Section 323 IPC to undergo R.I. for three

months and his co-accused Gurmit Singh and Jagtar

Singh are sentenced to undergo R.I. for three months

each for the offence under Section 323/34 IPC.

(vi) Accused Gurmit Singh stands sentenced for the offence

under Section 324 IPC to undergo R.I. for six months

and his co-accused Malkit Singh and Jagtar Singh stands

sentenced under Section 324/34 IPC to undergo R.I. for

six months.

They went in appeal, wherein they were acquitted so far as

commission of offence under Section 326 IPC is concerned, however,

conviction under Sections 325, 324, 323/34 IPC was maintained vide

judgment dated 1.4.2002. Hence, this revision petition.

FIR was recorded at the instance of Jagjit Singh (PW1). In his

statement he has deposed as under:-

“that he is resident of village Akalgarh and doing the service in

army. They are three brothers and doing farming work jointly.

Yesterday night i.e. on 23.10.95 at about 8.00/ 9.00 Gurdip

Singh son of Kaur Singh Mistry came at the house of the
Criminal Revision No.746 of 2002 4

complainant for doing white wash in their house. Complainant

further stated that his elder brother Sukhdev Singh accompanied

the above said Gurdip Singh to drop him at his house. When the

brother of the complainant namely Sukhdev Singh and Gurdip

Singh reached near the house of Babbi Singh son of Jit Singh

majbi, there Babbi Singh, Pamma Singh and Geeta Singh all

sons of Jeet Singh were standing near their house and of

Mander Singh having Gandasas and dangs. On seeing the

brother of the complainant accused Babbi Singh extorted

Lalkara by saying that today Sukhdev Singh should not go

escaped. He should be taught lesson for falsely implicating in

theft case. Complainant further stated that on hearing the

lalkara he also ran to the place of occurrence. He stated that in

the meantime accused Babby Singh gave gandas blow towards

the head of Sukhdev Singh which hit on the right side of his

head. Pamma Singh gave blow with his gandasa blow towards

Sukhdev Singh and in defence Sukhdev Singh raised his left arm

and the blow of gandasa hit on his left arm. Gurdip Singh

started raising noise by saying NA MARO NA MARO and fell on

Sukhdev Singh. Complainant further stated that he also fell on

Sukhdev Singh to rescue him. Complainant further stated that

when they were lying on Sukhdev Singh, accused Geeta Singh

gave blow with dang on the arm and accused Babbi Singh and

Gurmit Singh gave blow on head which hit on the left side of his

head. Complainant further stated that when they were rescuing
Criminal Revision No.746 of 2002 5

them also the accused gave other injuries with their weapons on

the person of Sukhdev Singh. He further stated that if they have

not rescued his brother Sukhdev Singh accused might have

caused more injuries. Accused ran away with their weapons.”

After recording FIR, the investigating officer went to the spot.

In the meantime, the injured were medico-legally examined by

Dr.M.L.Aswani (PW4).

On completion of investigation, final report was put in Court for

trial. The petitioners -accused were charge sheeted, to which, they pleaded

not guilty and claimed trial. The prosecution produced six witnesses and also

brought on record documentary evidence to prove its case. However, they

led no evidence in defence.

On conclusion of evidence as produced by the parties, the trial

Court convicted and sentenced the petitioners as found mentioned in earlier

part of this order. Petitioners partly succeeded in appeal.

At the time of arguments, it was brought to the notice of this

Court that main accused, namely, Jagtar Singh @ Babbi, who was

substantively punished for commission of offences under Sections 326, 325,

324 IPC, has already undergone sentence awarded to him. The petitioners

were convicted and sentenced for the above said offences with the aid of

Section 34 IPC.

Counsel for the petitioners has failed to convince this Court so

far as merits of the case are concerned. Vivid eye witness account has been

given by Jagjit Singh (PW1), Sukhdev Singh (PW2) and Gurdip Singh
Criminal Revision No.746 of 2002 6

(PW3). Oral testimony has been corroborated by Dr.M.L.Aswani, who has

medico legally examined the above said injured witnesses.

Otherwise also, their Lordships of the Hon’ble Supreme Court in

Raj Kumar v. State of H.P., 2008(3) R.C.R. (Criminal) 611, has opined that in

criminal revision, scope to interfere in the judgments passed by the Courts

below, is very limited.

Faced with the situation, counsel for the petitioners has

contended that the petitioners were the first offenders. After their conviction

in this case, they have not involved themselves into any other crime of the

like nature. Now they are living life of disciplined citizens. He has further

stated that the occurrence had taken place in the year 1995. The petitioners

are facing criminal prosecution for the last more than 13 years. In the process

they have suffered mentally and financially as well. He has further stated that

the petitioners and the injured were co-villagers. By this time, the parties

might have forgotten about the sad incident and if at this stage, they are sent

behind the bars, it will revive old enmity between them and will not be

conducive for peace and harmony in the village. He prayed that leniency be

shown to the petitioners, who are young and the only bread winners for their

families.

After hearing counsel for the parties, this Court feels that

purpose of criminal law justice system is not only to punish an erring

individual but also to give an opportunity to him to reform himself. It is

apparent from the records that the petitioners are suffering agony of pending

litigation since 1996. They were young at the time when accident had taken

place and the only bread winners of their families. They have already
Criminal Revision No.746 of 2002 7

undergone more than 4 months of actual sentence. Contention of counsel for

the petitioners that if at this stage, they are sent behind the bars, not only they

but their entire families will suffer, appears to be correct.

Their Lordships of the Supreme Court in Karamjit Singh

versus State(Delhi Admn.), 2001 (9) Supreme Court Cases 161, observed as

under:-

“Punishment in criminal cases is both punitive

and reformative. The purpose is that the person found guilty of

committing the offence is made to realise his fault and is deterred

from repeating such acts in future. The reformative aspect is

meant to enable the person concerned to relent and repent for his

action and make himself acceptable to the society as a useful

social being. In determining the question of proper punishment

in a criminal case, the court has to weigh the degree of culpability

of the accused, its effect on others and the desirability of

showing any leniency in the matter of punishment in the

case. An act of balancing is, what is needed in such case: a

balance between the interest of the individual and the concern of

the society; weighing the one against the other. Imposing a

hard punishment on the accused serves a limited purpose but at

the same time, it is to be kept in mind that relevance of deterrent

punishment in matters of serious crimes affecting society should not

be undermined. Within the parameters of the law an attempt has

to be made to afford an opportunity to the individual to reform

himself and lead the life of a normal, useful member of society and

make his contribution in that regard. Denying such opportunity
Criminal Revision No.746 of 2002 8

to a person who has been found to have committed offence in the

facts and circumstances placed on record, would only have a

hardening attitude towards his fellow beings and towards society at

large. Such a situation, has to be avoided, again within the

permissible limits of law.”

In Tarak Nath Singh and another v. State of West Bengal 1998

(1) Supreme Court Cases (Criminal) 587, their Lordships of Hon’ble

Supreme Court, keeping in view the fact that the occurrence took place 18

years earlier to the decision of appeal and the parties were relatives, reduced

the sentence to the period already undergone.

Similar is the opinion expressed by a Division Bench of this

Court in Stae of Punjab v. Gurmail Singh 2002(2) R.C.R. (Criminal) 600. In

that case, in an appeal against acquittal, accused were convicted, however,

they were sentenced to a term of imprisonment already undergone, keeping in

view the fact that incident had occurred in the year 1981.

To the same effect is the opinion of this Court in Chhota Singh

v. State of Punjab 1998(1) R.C.R. (Criminal) 467.

Keeping in view facts and circumstances of this case and

ratio of judgments mentioned above, conviction of the petitioners is upheld,

however, sentence of imprisonment awarded to them is reduced to the already

undergone by them.

With above mentioned modification, this revision petition

stands disposed of.

10.03.2009                                          (Jasbir Singh)
gk                                                     Judge