Crl.Rev.No.943 of 2004 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.943 of 2004 Date of Decision: 26 - 5 - 2009 Sukhminder Singh and others .....Petitioners v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.G.S.Sidhu, Advocate for the petitioners. Mr.S.S.Kharb, AAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by Sukhminder Singh, Gurbachan Singh, Beant Singh and Harjinder Singh. They were tried in case FIR No.165 dated 20.6.1994 registered at Police Station City Dabwali under Sections 323, 324, 341 IPC. The trial Court sentenced them as under:- “Thus, this court is of the considered view that the ends of justice would be met if each accused is sentenced to undergo R.I. For one year and to pay a fine of Rs.1000/- U/s 323/34 IPC, and R.I. For three years and to pay a fine of Rs.3000/- under section 324/34 IPC. I, therefore, order the accused to undergo the aforesaid sentence. The aforesaid sentence of Crl.Rev.No.943 of 2004 [2] imprisonment would run concurrently. In case of default of fine the accused would further undergo R.I. For three months each U/s 323/34 IPC and R.I. For nine months each U/s 324/34 IPC. Out of the total fine of Rs.16,000/- (Rs.4000/- per accused) if paid by the accused, the amount of Rs.15000/- shall be given to the complainant Shiv Raj Singh as compensation who had to undergo the trauma of suffering of injuries with sharp and blunt weapons at the hands of the accused whereas the remaining amount shall be adjusted towards the costs of the proceedings. I order accordingly....”. Aggrieved against the conviction and sentence, the petitioners filed an appeal. The appeal was also dismissed by the Court of Additional Sessions Judge, Sirsa. Case of the prosecution is that on 19.6.1994 at about 5.20 A.M. in the revenue estate of Village Alika, accused caused simple injuries to Shiv Raj Singh. The occurrence in the present case took place over the turn of water from the water course (Khaal). It is stated that accused came at 5.20 A.M., asked the complainant to finish his turn of water, on refusal of complainant that six minutes were still left for his turn, all the accused inflicted injuries upon the complainant. On the noise raised by the complainant, Parminder Kaur and Hardev Singh were attracted at the spot. On their arrival, the accused are said to have fled away from the spot along with their respective weapons. Complainant was got admitted in Civil Hospital by Hardev Singh. The matter was investigated. Report under Section 173 Cr.P.C. was submitted. The prosecution relied upon the testimony of PW1 Hardev Crl.Rev.No.943 of 2004 [3] Singh, PW6 Parminder Kaur and injured-complainant Shiv Raj Singh. Besides these three witnesses, Rajinder Singh, Investigating Officer also appeared as PW7. The injuries on person of Shiv Raj Singh PW5 were proved by PW4 Dr.R.C.Chaudhary. Counsel for the petitioners has placed on record testimony of PW4 Dr.R.C.Chaudhary. Following injuries were found on the person of Shiv Raj Singh PW5:- 1- An incised wound was present on the left side of upper 1/3 of outer asrect of left thigh. It was 5 cm. Below from left grater trochanter of femur. Share electrical size of injury was 7 cm. x 3 cm. x bone deep. Fresh bleeding was present. 2- A tender swelling was present on the left side of elbow. It was 7cm. x 6 cm. In size and it was with the reddish contusion of mark with size of 4 cm. x 3 cm. in area. It was below to lateral epicondyal of elbow. 3- Incised wound 17 cm. below from front of left side of knee was present. Size was 2 cm. x 1cm. x bone deep. Fresh bleeding was present. 4- A red contusion mark was present on the back of abdomen in lumber area size of wound was 6 cm. x 3cm. 5- An abrasion was present below left eye on outer side size was 1 cm. x .5 cm. 6- A red colour contusion on right side greater trochanter area of right side of thigh. Size was 6 cm. x 2 cm. 7- An incised wound was present between the web of right great toe and second toe of right foot 1 cm. x ½ cm. x skin deep.” A perusal of the injuries show that injuries are on thigh, left elbow and toe of right foot. All the injuries were declared simple in nature. Mr.G.S.Sidhu appearing for the petitioners has stated that since injured has deposed against the petitioners and his presence is stamped at the spot, he will not be able to assail the testimony of injured Shiv Raj Singh PW5. It has been further submitted that except to point out Crl.Rev.No.943 of 2004 [4] discrepancies, contradictions and improvements in the testimony of PW1 Hardev Singh, PW5 Shiv Raj Singh and PW6 Parminder Kaur, counsel will not be in a position to dislodge their testimony. Even otherwise, this Court while exercising revisional jurisdiction, cannot do re-appraisal and re- appreciation of evidence. At this stage, Mr.Sidhu has submitted that in the present case, occurrence took place on 19.6.1994. About 15 years are going to elapse. Petitioners have suffered a protracted trial. It is further stated that occurrence ensued between two agriculturists over turn of water. The injuries have been caused with agriculture instruments on the spur of moment without any pre-mediation. Counsel further submitted that according to complainant six minutes were left when his turn of water was to be over, whereas according to accused the timing of the turn had already expired. Counsel state probably accused and complainant were having different comprehension about the time due to difference of timing on different watches. It is stated that all injuries were on non vital parts of the body and simple in nature. Counsel has further submitted that in case the petitioners are sent behind the bars after 15 years, prevailing peace in the village may be disturbed. Counsel has submitted that sentence be reduced to already undergone, as petitioners had undergone more than one month sentence. I have given my thoughtful consideration to the submissions made by counsel for the petitioners. The contentions raised have a merit. After the occurrence 15 years are going to elapse. Petitioners have suffered a protracted trial. They have caused simple injuries on non vital parts of the body of injured Shiv Raj Singh. Injuries are simple in nature, yet prayer for Crl.Rev.No.943 of 2004 [5] reducing the sentence to already undergone cannot be accepted. It will be in the interest of all, if the petitioners are released on probation under the Probation of Offenders Act. It is accordingly ordered that petitioners be released on probation for a period of one year subject to their furnishing bonds to the satisfaction of the trial Court that they shall maintain peace and be of good behaviour. However, sentence of fine qua each petitioner is enhanced to Rs.10,000/-. The amount of fine be deposited within three months from the date of receipt of a certified copy of this order. The amount of fine, aggregate of which come to Rs.40,000/- be disbursed to the complainant. In case amount of fine is not deposited, no benefit of probation shall accrue to the petitioners. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) May 26, 2009. JUDGE RC