Criminal Revision No.802 of 1996 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.802 of 1996 Date of decision: March 04, 2008 Rattan Singh and others … Petitioners Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. J.B.S. Gill, Advocate for petitioners. Mr. Sandeep Mann, Advocate for complainant. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. Criminal Revision No.802 of 1996 has been preferred by Ratan Singh and his three sons Nazar Singh, Resham Singh and Satnam Singh residents of village Mehatpur, Tehsil Balachaur, District Hoshiarpur. They were convicted by the Court of Chief Judicial Magistrate, Hoshiarpur in case FIR No. 80 dated 31.12.1990 registered at Police Station Balachaur under Section 307/326/325/324 and 323 read with 34 IPC. The trial Court held Rattan Singh and Resham Singh guilty of offence under Section 326 IPC and ordered them to undergo RI for two years and to pay a fine of Rs.500/- each, in default of payment to undergo RI for three months. Nazir Singh and Satnam Singh were convicted with aid of Section 34 IPC under Section 326 IPC to undergo RI for two years and to pay a Criminal Revision No.802 of 1996 2 fine of Rs.500/- each, in default to further RI for three months. Rattan Singh was convicted under Section 325 IPC whereas others were convicted with the aid of Section 35 IPC. All were ordered to undergo one year RI and to pay a fine of Rs.250/- and in default of payment to further RI for three months. Satnam Singh was substantively convicted under Section 325 IPC and all were convicted with the aid of Section 34 IPC and were ordered to undergo one year RI and a fine of Rs.250/- each, in default of payment to three months RI. Nazir Singh, Rattan Singh and Resham Singh were convicted under Section 324 IPC, whereas Satnam Singh was convicted with the aid of Section 34 IPC and all were ordered to undergo RI for six months. Aggrieved against the same, they had filed their appeal and the same was also dismissed. Along with the present revision petition, complainant has also filed a revision for compensation. Nirmal Singh (PW-1) stated in the FIR that he is the resident of village Mehatpur. Due to storm, a big eucalyptus tree standing in the land of Gram Panchayat fell and Rattan Singh carried that branch to his cattle shed. The branch was carried by Rattan Singh on 29.12.1990 and on that day, an altercation took place between Bhag Singh, Gurmel Singh and Rattan Singh. On the next day, i.e., on 30.12.1990, Sarpanch of the Gram Panchayat asked Rattan Singh to place the branch of the tree at a common place. Sarpanch said so at the instance of Bhag Singh and Gurmel Singh, but Rattan Singh refused to do the same. On 31st December, 1990, at about 7.30 a.m., when Bhag Singh was returning from the fields after answering the call of nature. He was followed by Nirmal Singh. At that time, Rattan Singh was armed with kulhari, Satnam Singh armed with dang, Resham Singh armed with kirpan and Nazir Singh armed with kulhari way laid Bhag Singh near the Theri. Criminal Revision No.802 of 1996 3 Rattan Singh raised lalkara. On this, Nazir Singh gave an injury on the head of Rattan Singh. Resham Singh also gave a kirpan blow on the right side of the head of Bhag Singh. Bhag Singh fell down. He raised an alarm which attracted Bachan Singh, who was also given injuries by Resham Singh and Nazir Singh with their respective weapons. Nirmal Singh stepped forward to save him, then he was also given injuries by Resham Singh, Nazir Singh and Satnam Singh. At that stage, Karnail Singh intervened and he was also caused injuries by Rattan Singh and Resham Singh. Karnail Singh ran away from the spot. The accused also decamped from the spot along with their weapons. Injured were taken to Civil Hospital, Balachaur, where they were medically examined. One injury on person of Bachan Singh was found to be grievous. Prosecution examined Nirmal Singh as PW-1 and Bhag Singh as PW-2 besides the doctor and investigating officer. Both the courts below have placed implicit reliance upon the testimony of injured witnesses and found their evidence to be trustworthy. Mr. Gill is in agreement with me that in the revisional court I cannot re-appreciate the evidence, especially when Bachan Singh, Bhag Singh, Nirmal Singh and Karnail Singh had suffered injuries. The injured will be the last persons to implicate any accused falsely. The number and nature of the injuries suggest that all the four accused had participated. At this stage, Mr.Gill states that the petitioners have already undergone about one month of his sentence, during trial. It is further stated that during the last 18 years, no untoward incident has taken place and there is peace and amity prevailing in the village. I have heard Mr.J.B.S.Gill, counsel for the petitioners and Mr.Sandeep Mann, counsel for the complainant. The very fact that occurrence took place in December, 1990 and more than 17 years are Criminal Revision No.802 of 1996 4 going to pass, it will be unjust to send the petitioners behind the bars. In head note of the judgment of learned trial court, age of Rattan Singh is recorded as 70 years and that of Nazar Singh, Resham Singh and Satnam Singh is recorded as 20, 22 and 25 years respectively. In the last 17 years, they have fastened themselves with the liabilities of the family and have been in the corridors of the court. In case the petitioners are sent behind the bars, it may disturb peace and amity of the village. Therefore, the sentence of the petitioners is reduced to already undergone, however, sentence of fine is enhanced to Rs.15,000/- qua each accused. Fine shall be deposited within a period of three months from the receipt of copy of the order. Non-deposit of fine by the petitioners shall be considered as dismissal of the present revision petition and the petitioners shall undergo sentence awarded by the trial court. The amount of fine so deposited shall be paid as compensation to the injured proportionately. [Kanwaljit Singh Ahluwalia] Judge March 04, 2008. rps