IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1512 of 2001 Date of Decision :- February 06, 2009 Inderjit Singh and others .... PETITIONERS VERSUS State of Punjab ....RESPONDENT CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL Present:- Sh. Daldeep Singh, Advocate for the petitioners. Sh. S.S.Gill, Addl. A.G. Punjab. ------ MEHTAB S.GILL, J. This is a revision against the judgment dated 27.9.2001 of the Additional Sessions Judge, Rupnagar, modifying the judgment/order dated 11.4.2001 of the Judicial Magistrate 1st Class, Kharar, by acquitting Inderjit Singh son of Kishan Chand Pandit and Ved Parkash son of Kishan Chand of the charge framed under Sections 148, 326 and 324 IPC and modified/reduced the sentence of petitioner Inderjit Singh to two years and six months RI and pay a fine of Rs.5,000/- under Section 325 IPC. In default to further undergo RI for two months. Under Section 323/34 IPC, - 2 - Criminal Revision No. 1512 of 2001 sentence of petitioner Inderjit Singh was reduced to six months R.I. Sentence of petitioner Ved Parkash was reduced to six months R.I. under Sections 323 IPC and under Section 325/34 IPC, his sentence was reduced to one year R.I. and to pay a fine of Rs.2,000/-, in default to further undergo RI for two months. Sentences were ordered to run concurrently. The case of the prosecution in brief is that Bhagwan Sarup complainant stated in his statement before the police, that on 5.12.1993 at about 8.00 p.m. he, Jaswant Rai and Bal Kishan were giving fodder to the cattle and his younger brother Hans Raj went outside to ease himself. When Hans Raj reached near the Phirni (outside passage of the village), Kishan Chand, Baldev Raj, Inderjit Singh @ Billu and Ashok Kumar sons of Kishan Chand surrounded his brother. His brother Hans Raj raised an alarm. In the meanwhile, Jaswant Rai and Bal Kishan rushed towards the Phirni and they saw, that Kishan Chand was having some weapon, Baldev Raj was armed with a gandasi, Inderjit armed with a gandasi, Ved Parkash having a lathi and Ashok Kumar having a sua attacked Hans Raj. All of them gave injuries on his person. The motive for the commission of the offence was that there was a dispute between the appellants and the complainant party about a Bara. The prosecution to prove its case brought into the witness box, Bhagwan Sarup PW1, Hans Raj PW2, Dr. S.K.Bhardwaj PW3, Bal Kishan PW4, HC Piara Singh PW5, Jaswant Rai PW6, Amarjit Singh PW7, Nirmal Singh PW8, Sandesh Thakur PW9, Dr. Ishwar PW10, Satinder Kaur PW11, - 3 - Criminal Revision No. 1512 of 2001 Dr. Parminder Singh PW12, Dr. Dinesh Kadam PW13 and Dr. Mrs. Sunanda Mitra PW14. Learned counsel for the petitioners has argued, that the eye witnesses in this case are real brothers of the injured and are interested witnesses. There are material discrepancies in the statements of Bhagwan Sarup PW1, Hans Raj PW2, Bal Kishan PW4 and Jaswant Rai PW6. Learned counsel for the petitioners further states, that petitioner Inderjit Singh has already undergone about five months of sentence and Ved Parkash has already undergone the entire sentence by getting remissions. They have already suffered much. The incident is fifteen years old. Learned counsel for the State has argued, that all the petitioners have caused injuries on the person of Hans Raj. In FIR Ex.PW8/C, the nature of injuries and the seat of injuries have been given. The medical evidence corroborates the ocular version. I have heard the learned counsel for the parties, perused the impugned judgments and the record with their assistance. Though Bhagwan Sarup PW1, Hans Raj PW2, Bal Kishan PW4 and Jaswant Rai PW6 are the real brothers, but in their testimony before the Court, they have corroborated each other and got corroboration from the medical evidence. It is not only Hans Raj, but Bhagwan Sarup PW1 and Jaswant Rai PW6 were also injured. Bhagwan Sarup PW1 is a stamped witness. The medical evidence has been proved by Dr. Ishwar PW10, Dr. Parminder Singh PW12, Dr. Dinesh Kadam PW13 and Dr. Sunanda Mitra - 4 - Criminal Revision No. 1512 of 2001 PW14. The injuries, as shown in the medico legal reports by these doctors, corroborate the eye witness account put forward by the injured and other eye witnesses. The FIR is prompt and inspires confidence. The learned appellate Court has rightly convicted the petitioners under Sections 325, 323/34 IPC. Petitioners were acquitted under Sections 148, 326 and 324 IPC and the State has not filed any appeal against their acquittal under Sections 148, 326 and 324 IPC. I do not find any infirmity in the judgment of the learned Addl. Sessions Judge, Rupnagar. Conviction of the petitioner is maintained. Keeping in view the facts and circumstances, sentence of the petitioners appears to be on the higher side. Sentence of the petitioners is modified to that already undergone. With the above modification in sentence, revision petition is dismissed. February 06, 2009 (MEHTAB S.GILL) SKArora JUDGE