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”