Criminal Appeal No.1281-SB of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Appeal No. 1281-SB of 2003 (O&M) Date of Decision: April 20, 2010 Lakhbir Singh and others ...........Appellants Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.D.S.Pheruman, Advocate for the appellants. Mr.Amandeep Singh Rai,Assistant Advocate General, Punjab. ** Sabina, J. Accused- appellants were sent up for trial by SHO of Police Station Kalanaur to face trial under Sections 307/323/34 of the Indian Penal Code (`IPC' for short) and 27 of the Arms Act ( `the Act' for short) . Vide judgment and order dated 7.7.2003 passed by the Additional Sessions Judge (Adhoc) Fast Track Court, Gurdaspur, the accused- appellants were convicted and sentenced as under:- Criminal Appeal No.1281-SB of 2003 2 Name Offence Sentence Lakhbir Singh U/s 307 IPC U/s 323/34 IPC U/s 27 of Arms Act To undergo rigorous imprisonment for 3 years and fine of Rs.500/-. In default of payment of fine further RI for one month To undergo Rigorous imprisonment for three months To undergo rigorous imprisonment for three years Gurwant Singh U/s 307/34 IPC U/s 323 IPC To undergo rigorous imprisonment for 3 years and fine of Rs.500/-. In default of the payment of fine further RI for one month . To undergo rigorous imprisonment for 3 months Mukhtiar Singh U/s 307/34 IPC U/s 323 IPC To undergo rigorous imprisonment for 3 years and fine of Rs.500/-. In default the payment of fine further rigorous imprisonment for one month. To undergo rigorous imprisonment for three month Amrik Singh U/s 307/34 IPC U/s 323/34 IPC To undergo rigorous imprisonment for three years and fine of Rs.500/-. In default the payment of fine further RI for one month To undergo RI for three months All the substantive sentences were ordered to run concurrently. Hence, the present appeal by the accused-appellants. Prosecution case, as noticed by the trial Court in paras No. 2 to 4 of its judgment, is reproduced herein below:- “2.As per prosecution story, complainant Rachhpal Singh got his statement recorded before ASI Prem Lal of P.S.Kalanaur on 19.5.98, to the effect that he was resident of vill. Paniar and was agriculturist and they were three brothers. In Panchayat Election Criminal Appeal No.1281-SB of 2003 3 of June, 1998, his younger brother Jagpal Singh wanted to contest election of Sarpanch of Village Paniar whereas Lakhbir Singh S/o Arur Singh, Jat, also wanted to contest this election. That on 19.5.98, complainant and his brother Jagpal Singh, visited BDPO office Kalanaur for raising objections with regard to the preparation of new votes. Mr. Sabharwal, SDM came there in the said office for hearing objections. Lakhbir Singh s/o Arur Singh, Gurwant Singh s/o Bhagwan Singh, Amrik Singh s/o Arur Singh and Mukhtiar Singh s/o Sadhu Singh etc. were also present in this office. At about 4/4.30 P.M., complainant and his brother Jagpal Singh came out of the office, then accused Gurwant Singh raised lalkara that they would teach a lesson to the complainant party for raising objections with regard to the said votes. Accused Mukhtiar Singh and Amrik Singh abused complainant party. Accused Lakhbir Singh, at the instance of Amrik Singh, released a fire from his pistol towards Jagpal Singh, with intention to kill him, which hit Jagpal Singh on his right thigh. He released two more fires from his pistol, one of which hit Darshan Singh s/o Fauja Singh on his left arm. Accused Gurwant Singh started giving fist blows on the face of complainant and accused Mukhtiar Singh gave a teeth bite on left hand of complainant. 3.Complainant party raised an alarm 'Mar-Dita, Mar-Dita'. Joginder Singh s/o Darshan Singh r/o Athwal came there for the rescue of complainant party and he also received injuries at the hands of accused. The police officials present near the BDPO Office, apprehended the accused. Jagpal Singh and Darshan Criminal Appeal No.1281-SB of 2003 4 Singh were shifted to Civil Hospital Kalanaur. This statement was signed by complainant after admitting its contents as true. 4. FIR was registered at P.S. Kalanaur and law of investigation was set into motion. SI/SHO Harpal Singh PS Kalanaur conducted investigation of this case, who visited the place of occurrence, prepared rough site plan with regard to that place. Pistol alongwith cartridges was taken in police custody vide recovery memo. Statement of witnesses were recorded and medical record of injured was taken in police custody. Accused were arrested. Bloodstained pant of injured Jagpal Singh was put in a parcel prepared by IO and was taken in police custody. Pistol.32 bore used in commission of crime alongwith its live/empty cartridges, was sent to Chemical Examiner Pb.Chandigarh. Bloodstained pant was sent to Chemical Examiner Patiala. Thereafter, challan against the accused was put in the court.." Learned counsel for the appellants, during the course of arguments, has not challenged the conviction of the appellants under Sections 307, 323, 34 IPC and under Section 27 of the Act but has submitted that the sentence qua imprisonment be reduced to already undergone by the appellants in view of compromise between the parties. Learned counsel has further submitted that the fine has already been deposited by the appellants. Compromise arrived at between the parties on 21.12.2009 has been placed on record. The same is duly signed by the parties. Affidavits of PW4 Rachpal Singh and PW5 Jagpal Singh in this regard have Criminal Appeal No.1281-SB of 2003 5 also been placed on record. Keeping in view the fact that now the parties have arrived at compromise, it would be just and expedient to reduce the sentence qua imprisonment to already undergone by the appellants. Hence, the conviction of the appellants under Sections 307, 323, 34 IPC and under Section 27 of the Act is maintained. However, the sentence qua the imprisonment of the appellants is reduced to already undergone by them. Appeal stands disposed of accordingly. (Sabina) Judge April 20, 2010 arya