CRR No.2905 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2905 of 2009 Date of decision: 09.02.2011 Sadhu Singh ....Petitioner Versus Balwant Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.K. Bawa, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This revision petition is filed for enhancement of the sentence awarded to the accused/respondents by Judicial Magistrate, Ist Class, Ludhiana, vide judgment dated 9.4.2008 as affirmed by Appellate Court/Additional Sessions Judge, Fast Track Court, Ludhiana, vide judgment dated 13.7.2009, thereby sentencing the accused/respondents under Sections 323/506 of the Indian Penal Code. Brief facts of the present case are that Sadhu Singh son of Karnail Singh, resident of village Lasarha Pullewal, P.S. Payal, lodged a report with the police to the effect that he is an agriculturist and ex Sarpanch of his village. On 16.7.1999 at about 5.00 p.m. he was going towards his village Lasarha on his Vespa scooter bearing registration No.PIH-1999 after taking Rs.5,000/- from his commission agent. When CRR No.2905 of 2009 -2- he reached near the fields of Balwant Singh son of Tara Singh, resident of village Lasarha, Balwant Singh son of Tara Singh armed with pistol, Gurmukh Sigh and Gulab Singh sons of Balwant Singh armed with dangs and Jaswinder Singh son of Karam Singh resident of village Bagli Kalan armed with dang were standing there and there Vespa scooter bearing registration No.PB-55:2942 was also lying there. Aforesaid Balwant Singh tried to stop the complainant on the point of his pistol. When the complainant stopped his scooter Gulab Singh son of Balwant Singh gave a dang blow on his left arm, Gurmukh Singh gave a dang blow on his right arm and caught hold the complainant from his neck. Complainant fell on the ground and Gulab Singh and Jaswinder Singh started giving beatings with their sticks on his left arm. On the legs under the knees. Balwant Singh while armed with pistol was instigating them to inflict injuries on the person of complainant. In the meantime Daljit Singh @ Pappu son of Parshotam Singh and Bhupinder Singh son of Dalip Singh reached at the place of occurrence and they tried to release the complainant from their clutches. Balwant Singh criminally intimidated the complainant and also torn off his clothes and snatched his Rs.5000/- then Daljit Singh alias Pappu and Bhupinder Singh removed the complainant to his home from where he was removed to Civil Hospital, Payal where he was medico legally examined. Matter was reported to the police. Case was registered against the accused. After completion of investigation, challan against the accused was presented in the Court. Prosecution in order to prove its case, examined Sadhu Singh, complainant as PW1, Dr. Raghubir Singh Gill as PW2, Nirmal Singh as CRR No.2905 of 2009 -3- PW3, Raj Kumar as PW4, Daljit Singh as PW5, Dr. Ashok Kumar as PW6, HC Balwant Singh as PW7, ASI Dawinderpal Singh as PW8 and closed its evidence. Statement of the accused under Section 313 Cr.P.C. was recorded in which incriminating piece of evidence from the prosecution evidence was put to the accused. Accused denied the prosecution story and pleaded their innocence. Accused examined one Piara Singh as DW1 and Jatinderpal Singh as DW2 and closed their defence evidence. Learned Magistrate ordered the accused to undergo imprisonment for eight months with a fine of Rs.300/- and in default of payment of fine to further undergo imprisonment for 15 days for an offence under Section 323 IPC. They were further sentenced to undergo imprisonment for a period of one year with a fine of Rs.300/- and in default of payment of fine to further undergo imprisonment for 15 days for an offence under Section 506 IPC. The judgment passed by the Trial Court was affirmed by the learned Appellate Court/Additional Sessions Judge, Fast Track Court, Ludhiana. Learned counsel has argued that sentences awarded by both the Courts below are on the lower side. As per learned counsel, for an offence under Section 323, at least one year imprisonment and for an offence under Section 506 at least five year imprisonment ought to have been granted. Perusal of record would reveal that there was party fiction between the accused party and complainant party. Accused has caused injuries by stick. Considering nature of injuries and more particularly no deadly weapon was used, in the opinion of this Court sentence awarded CRR No.2905 of 2009 -4- by the trial Court as confirmed by the appellate Court seems to be justified. While exercising revisional jurisdiction discretion exercised by learned Courts below in the matter of period of sentence should not be lightly interfered with unless and until some glaring mistake is pointed out. No illegality is found in the judgments of both the Courts below. Dismissed. (Alok Singh) Judge February 09, 2011 R.S.