Criminal Revision Nos.558 of 1989 and 565 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.558 of 1989 Date of decision: February 07, 2008 Jagjit Singh and six others … Petitioners Versus State of Punjab … Respondent Criminal Revision No.565 of 1989 Sadhu Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Kamaldip Singh Sidhu, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (Oral) By this common order, two revisions (Criminal Revision No.558 of 1989 and Criminal Revision No.565 of 1989) will be decided. Criminal Revision No.558 of 1989 has been filed by Jagjit Singh, Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Lal Singh and Chhajju Singh alias Norata Singh. Whereas Criminal Revision No.565 Criminal Revision Nos.558 of 1989 and 565 of 1989 2 of 1989 has been filed by Sadhu Singh son of Mansa Singh. These all eight accused were named as accused in case FIR No.95 dated 28.06.1976 under Section 148/ 326/ 325/ 324/ 323 and 149 IPC. The Court of Judicial Magistrate (1st Class), Ludhiana vide its Judgment dated 21st November, 1986 sentenced and convicted the accused. Operative portion of judgment awarding sentence is reproduced below: “Accordingly, accused Jagjit Singh, Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh and Chhajju Singh are sentenced U/S 148 IPC to undergo R.I. for 9 months. Accused Jagjit Singh is sentenced u/s 326 IPC, whereas his co-accused Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh and Chhajju Singh are sentenced u/s 326 IPC read with Section 149 IPC to undergo R.I. for 2 ½ years each and to pay a fine of Rs.1000/- each and in default of payment of fine each of them would further undergo R.I. for 6 months. Similarly accused Chhajju Singh is sentenced u/s 325 IPC, whereas his each co-accused Jagjit Singh, Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh are sentenced u/s 325/149 IPC to undergo R.I. for 1 ½ years. Accused Malkiat Singh is sentenced u/s 324 IPC whereas his co-accused Jagjit Singh, Jagdev Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh and Chhajju Singh are sentenced u/s 324/149 IPC to undergo R.I. for one year each. Accused Lal Singh is sentenced U/S 324 IPC, whereas his co-accused Jagjit Singh, Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh and Chhajju Singh are sentenced u/s 324/149 IPC to undergo R.I. for one year each. All the accused namely, Jagjit Singh, Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh and Criminal Revision Nos.558 of 1989 and 565 of 1989 3 Chhajju Singh are sentenced U/S 323 IPC read with Section 149 IPC for having caused simple hurts to Nirmal Singh, Jagir Singh, Rachhpal Singh, Hakiqat Singh and Ajmer Singh PWs with blunt weapons to undergo R.I. for 6 months each. The sentences of the accused are, however, ordered to run concurrently.” Aggrieved against the conviction and sentence, petitioners preferred appeal. Same was decided by the Court of Additional Sessions Judge, Ludhiana. Additional Sessions Judge, Ludhiana maintained the conviction but reduced the sentence awarded upon the accused and after modifications in sentence, dismissed the appeal. It will be apposite here to reproduce relevant part of the judgment whereby sentence was modified: “All the appellants are sentenced to undergo rigorous imprisonment for six months each for having committed an offence punishable under Section 148 IPC. Accused Jagjit Singh is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- for having committed an offence punishable under Section 326 IPC. In default of payment of fin76e he shall undergo further rigorous imprisonment for two months. Accused Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh, Chhajju Singh are sentenced to undergo rigorous imprisonment for nine months and to pay a fine of Rs.1000/- each for having committed an offence punishable under Section 326/149 IPC. In default of payment of fine, they shall undergo further rigorous imprisonment for two months each. Accused Chhajju Singh is sentenced to undergo rigorous imprisonment for nine months and directed to pay a Criminal Revision Nos.558 of 1989 and 565 of 1989 4 fine of Rs.200/- for having committed an offence punishable under Section 325 IPC. In default of payment of fine he shall undergo further rigorous imprisonment for one month. Accused Jagjit Singh, Jagdev Singh, Malkiat Singh, Kehar Singh, Tara Singh, Sadhu Singh and Lal Singh are sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.200/- each under Section 325/149 IPC. In default of payment of fine they shall undergo rigorous imprisonment for one month each. Accused Malkiat Singh and Lal Singh are sentenced to undergo rigorous imprisonment for nine months for having committed an offence punishable under Section 324 IPC. Accused Jagdev Singh, Jagjit Singh, Kehar Singh, Tara Singh, Sadhu Singh, Lal Singh, Chhajju Singh and Malkiat Singh are also sentenced to undergo rigorous imprisonment for six months each for having committed an offence punishable under Section 324/149 IPC. All the eight accused (appellants) are also sentenced to undergo rigorous imprisonment for three months each u/s 323/149 IPC. All the substantive sentences of imprisonment of all the accused shall run concurrently.” In the occurrence, Ajmer Singh, Rachpal Singh, Harqikat Singh and Jagir Singh had suffered injuries along with one Nirmal Singh. On the side of accused, Sadhu Singh along with one Puran Singh had suffered injuries. Puran Singh was named as accused but was acquitted by the trial Court. Criminal Revision Nos.558 of 1989 and 565 of 1989 5 The courts below relied upon the testimony of eye-witnesses namely, Ajmer Singh PW-1, Haquikat Singh PW-4 and Rachhpal Singh PW-5. While convicting the accused, Court considered argument regarding delay in lodging of the report, non-examination of Nirmal Singh and Jarnail Singh. The courts below had not granted right of self-defence to the accused on the ground that the occurrence had taken place outside the house of Ajmer Singh and for this relied upon the site plan, Ex.PW/6-A prepared by Inspector Kartar Singh PW-6. Findings of fact returned by the two courts cannot be disturbed by me in a revisional Court. Both the courts below have appreciated evidence and it is not open for me to re-appreciate the same. Since maximum sentence awarded to Jagjit Singh was one year under Section 326 IPC and other accused were awarded nine months rigorous imprisonment, the very fact that the occurrence pertain to 27th June, 1976, a period of about 32 years is going to elapse. I find no justification in sending the petitioner behind the bars after 32 years of the occurrence. As per the head note of the trial Court judgment, Jagjit Singh accused was aged 42 years, Jagdev Singh 50 years, Malkiat Singh 45 years, Kehar Singh 40 years, Tara Singh 38 years, Sadhu Singh 52 years, Lal Singh 24 years and Chhajju Singh 35 years. Most of these accused, after 32 years have crossed the age of 70 years. Mr.Kamaldip Singh Sidhu has stated that in last 30 years no untoward incident has taken place between the accused. By sending the petitioners behind the bars, I do not intend to disturb amity and harmony, which is prevailing in the village. Taking into account the age of accused, protracted trial and the fact that one accused was awarded one year sentence and six were awarded nine months, it will be appropriate, if the sentence awarded to the Criminal Revision Nos.558 of 1989 and 565 of 1989 6 petitioners is reduced to already undergone and sentence of fine is enhanced to Rs.15000/- qua each accused. Trial Court will call upon the accused petitioners to deposit the fine. Non-deposit of fine by the accused-petitioners will be considered as dismissal of both the present revision petitions. [Kanwaljit Singh Ahluwalia] Judge February 07, 2008. rps