Criminal Appeal No.1665-SB of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.1665-SB of 2004 Date of decision 21.10.2009. [ENTITY] and others Appellants. versus [ENTITY] Respondent. CORAM :- HON'BLE MR.JUSTICE K.C.PURI. Present :- Mr. [ENTITY], Advocate for the appellants. Mr. [ENTITY], Addl.AG, Punjab. K.C.PURI, J.
This is an appeal directed by [ENTITY] -appellant and others against the judgment and conviction order dated 12.8.2004 passed by Sh.[ENTITY], learned Sessions Judge, Fast Track Court, Ferozepur vide which appellants have been convicted under [SECTION], [SECTION] and [SECTION] of the [ACT] (hereinafter mentioned as - the [ACT]) and sentenced them to undergo rigorous imprisonment as under :-
Sr. Name of the U/s RI Fine In default of No. payment of fine to further undergo. 1. [ENTITY] 148 [ACT] one year - - [SECTION] [ACT] 1 years 1000/- 3 months [SECTION]/[SECTION] [ACT] 1 years - - 2. [ENTITY] 148 [ACT] one year - - [SECTION] [ACT] 1 years 1000/- 3 months [SECTION]/[SECTION] [ACT] 1 years - - 3. [ENTITY] 148 [ACT] one year - - [SECTION]/[SECTION] [ACT] 1 years - -
All the sentences of imprisonment were ordered to be run concurrently. Co-accused [ENTITY] and [ENTITY] had been acquitted by the learned trial Court.
Briefly stated, the prosecution case is that on 31.5.1998, there was a shagan ceremony of [ENTITY] daughter of [ENTITY]. The relatives were present in the house of [ENTITY]. At about 10.30p.m. with the conspiracy of accused [ENTITY], [ENTITY], [ENTITY] and [ENTITY] along with 8-10 other persons came on the three tractors with cultivators in order to take forcible possession of the land of [ENTITY], which he had purchased with possession in the year 1993 from [ENTITY] through sale deeds duly executed and registered from [ENTITY] in the name of his son [ENTITY] and wife [ENTITY].
It has been further alleged that [ENTITY] stopped the tractors of the accused persons at some distance from the disputed land and told the accused that [ENTITY] was having stay order in his favour and, therefore, they should not take possession of the aforesaid land at which accused [ENTITY] started firing shots from his pistol. Accused [ENTITY] gave a kirpan blow on the left arm of [ENTITY]. [ENTITY] brother of [ENTITY] came forward to rescue him at which accused [ENTITY] also gave a kirpan blow on his left arm. Two unidentified persons, who accompanied the accused also gave one dang blow each on the person of [ENTITY] and [ENTITY]. Due to fear [ENTITY] and [ENTITY] went towards their Dhani whereas accused [ENTITY], [ENTITY] and [ENTITY] along with their companions forcibly cultivated the paddy and fodder crops of [ENTITY] from the aforesaid disputed land. [ENTITY] and [ENTITY] were taken to Civil Hospital, Ferozpur by [ENTITY] where they were medico legally examined and treated. The matter was reported to the police. The accused were arrested. After completion of investigation, challan against the accused was presented in the Court for trial.
On appearance of the appellants in the Court, copies of the documents were supplied to them under rules.
Since the present case was a cross-version case of Sessions trial case titled State vs. [ENTITY] etc. FIR No.188 dated 31.5.1998 of Police Station Sadar, Ferozepur and therefore the learned Chief Judicial Magistrate, committed the present case to the Court of Sessions for its trial along with the aforesaid sessions trial case.
After commitment, on finding a prima facie case, charge under [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT] was framed against the appellants, to which the appellants pleaded not guilty and claimed trial.
Prosecution, in order to bring home guilt of the appellants, examined [ENTITY] (PW-1), [ENTITY] (PW-2), [ENTITY] (PW-3), SI [ENTITY] (PW-4) and Dr.[ENTITY] (PW-5), SI [ENTITY] (PW-6) and the evidence was closed by the Public Prosecutor.
The appellants were examined under [SECTION] [ACT], and all the incriminating evidence were put to them. They denied all the allegations and pleaded their innocence.
The appellants were called upon to lead evidence and examined Dr.[ENTITY] (DW-1) and closed the defence evidence.
The learned trial Court held the appellants guilty under [SECTION], [SECTION] and [SECTION] of the [ACT] and sentenced them, as narrated above.
Feeling dis-satisfied with the above said judgment of conviction, the convict/appellants have preferred the instant appeal.
I have heard learned counsel for the appellants and the learned State counsel and have gone through the records of the case.
The parties have entered into compromise vide deed of compromise, which is placed on the file of [CASE NUMBER], which is also listed for hearing before this Court. This is a case of cross-version. Both the parties received injuries. The offences alleged against the accused-appellants are non-compoundable.
In authority [ENTITY] vs. [ENTITY] 2007(3) Law Herald ( Punjab & Haryana) 2225, it has been held that it is the finest hour where the parties are arrived at amicable settlement. So keeping in view the said authority, the compromise can be allowed in non- compoundable cases. The Hon'ble Apex Court in [PRECEDENT] held that compromise can be allowed even in the Supreme Court. So, the parties are allowed to compromise the offence complained off.
So, keeping in view the above said circumstances, the appeal stands accepted. The judgment of conviction stands set aside on the basis of the compromise and the accused stand acquitted in view of the compromise.
A copy of this judgment be sent to the trial Court for strict compliance.
October 21, 2009 ([ENTITY]) sv JUDGE