Criminal Revision No. 1401 of 2001 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1401 of 2001 Date of Decision: 18.2.2009 Nafe Singh and Another …Petitioners Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Bipan Ghai, Senior Advocate with Mr. Deepak Garg, Advocate and Mr. Sumeet Goel, Advocate for the petitioners. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for respondent No.1-State. None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) During the course of arguments, counsel for the petitioners has failed to assail the testimony of injured witnesses namely Zile Singh and Bahetri Devi. Zile Singh had appeared as CW.3 and Bahetri Devi had appeared as CW.1. Bahetri Devi had suffered seven injuries, whereas Zile Singh had also suffered seven injuries along with them Bhago wife of Khema had suffered three injuries. The injury No.3 was complain of pain. On the side of accused Ram Chander had suffered four injuries. Parkash had suffered one injury and Krishna who belong to the Criminal Revision No. 1401 of 2001 2 party of accused but was not named as accused had suffered two injuries. In a complaint instituted by Zile Singh, ten persons were tried as accused. They were convicted and sentenced by the trial Court as under:- “...All the accused are sentenced to undergo rigorous imprisonment for a period of two months under Section 148 of Indian Penal Code and are also sentenced to undergo rigorous imprisonment for a period of one year and also sentenced to pay a sum of Rs.200/- each as fine under Section 452 of Indian Penal Code. In default of payment of fine, convict shall further undergo simple imprisonment for a period of fifteen days. Accused are also sentenced to undergo rigorous imprisonment for a period of three months under Section 323 read with Section 149 IPC. Accused are also sentenced to undergo rigorous imprisonment for six months under Section 324 read with Section 149 of Indian Penal Code. Accused are also sentenced to undergo rigorous imprisonment for two months under Section 506 of Indian Penal Code. All the sentences shall run concurrently. File be consigned to the record room after due compliance”. Aggrieved against the same, an appeal was filed. The Appellate Court had acquitted other accused and had only affirmed the Criminal Revision No. 1401 of 2001 3 conviction of three persons namely Nafe Singh, Parkash and Ram Chander. Their sentences were reduced to six months and the Appellate Court after modification of the sentence, held as under:- “Offence U/s Sentence 452/34 IPC Rigorous imprisonment for six months and fine of Rs.200/- each. In default of payment of fine to further undergo S.I. For 15 days. 323/34 IPC Rigorous imprisonment for three months. 324/34 IPC Rigorous imprisonment for six months”. Mr. Ghai and Mr. Goel appearing for the petitioners Nafe Singh and Ram Chander, on the observations made by the Court that these accused were present at the spot and suffered injuries, have very fairly stated that they will not be able to dislodge the presence of accused and the injured as their presence was stamped at the spot. Mr. Ghai and Mr. Goel have pointed out various discrepancies, improvements and contradictions in the testimony of Zile Singh and Bahetri Devi. Two Courts below examined the evidence and this court in revisional jurisdiction cannot re-appreciate the evidence. At this stage, Mr. Ghai and Mr. Goel have stated that both the petitioners have undergone two months out of six months of their actual sentence. He has stated that in the present case, occurrence pertains to Criminal Revision No. 1401 of 2001 4 9.12.1997. It has been further submitted that appeal of the appellants was dismissed in 2001. They have suffered protracted trial of more than 11 years. In view of this, sentence awarded upon the petitioner is reduced from six months to three months. With the observations made above, and modification in sentence, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 18, 2009 “DK”