Crl. Revision No. 1810 of 2002 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 1810 of 2002 Date of Decision:May 01, 2009 Jarnail Singh and others ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: None for the petitioners Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Petitioners were convicted for offence under Sections 325, 324, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as “IPC”) by the Sub Divisional Judicial Magistrate, Talwandi Sabo vide judgment dated 22.5.2000. Vide order passed by learned Sub Divisional Judicial Magistrate, Talwandi Sabo, petitioner No. 1-Jarnail Singh was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 300/- for an offence under Section 325/34 IPC and sentenced to undergo rigorous imprisonment for for one year and fine of Rs. 200/- for an offence under Section 324 IPC and sentenced to undergo rigorous imprisonment for six months for offence under Section 323/34 IPC, petitioner No. 2- Gurdip Singh was sentenced to undergo rigorous imprisonment for 2 ½ years and fine of Rs. 500/- for an offence under Crl. Revision No. 1810 of 2002 {2} Section 325 IPC and sentenced to undergo rigorous imprisonment for 09 months and fine of Rs. 100/- for offence under under Section 324/34 IPC and sentenced to undergo rigorous imprisonment for six months for offence under Section 323/34 IPC, petitioner No. 3-Balbir Singh was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 300/- for an offence under Section 325/34 IPC, and sentenced to undergo rigorous imprisonment for 09 months and fine of Rs. 100/- for offence under under Section 324/34 IPC and sentenced to undergo rigorous imprisonment for six months for offence under Section 323/34 IPC and Petitioner No. 4- Sukhpal Kaur was ordered to be released on probation. Aggrieved by the same petitioners preferred an appeal before Additional Sessions Judge, Bathinda which was dismissed with some modifications to the extent that Balbir Singh-petitioner No.3 was given the benefit of probation and sentenced awarded to Gurdip Singh under Section 325 IPC was reduced from 2 ½ years to 2 years vide judgment dated 8.8.2002. Brief facts of the case as noticed by the appellate court in para 2 of its judgment are as under:- “As per case of the prosecution, on receipt of ruqas Ex. PW4/D, Ex. PW4/E, Ex. PW4/F, from the Hospital regarding medico legal injuries case of Gurdial Kaur, Sukhdeep Singh and Bhola Singh respectively, Investigating Officer moved an application Ex. PW4/G to know whether injured Gurdial Kaur is fit to make statement or not, and doctor through endorsement Ex. PW4/G1 declared her fit for statement and injured Sukhdeep Singh and Bhola Singh on application Ex. PW4/H, through endorsement Ex. PW4/ H1 were declared fit for Crl. Revision No. 1810 of 2002 {3} statements. Therefore Investigating Officer recorded the statement of Gurdial Kaur, Ex. PA in which she got recorded on 13.11.1997 that she is resident of Talwandi Sabo and is a house-hold lady, stating that she along with her sister-in-law (Darani) Satya Rani wife of Sukhdeep Singh, were picking up Narma in their fields and nearby Sukhdeep Singh s/o Bhagat Singh, her brother-in-law, and Bhola Singh son of Jeet Singh, her nephew, were removing cotton sticks. Then at about 8/8-30 a.m.Jarnail Singh son of Partap Singh, armed with Kirpan, Gurdip Singh son of Partap Singh, armed with Gandasa, Balbir Singh son of Jarnail Singh and Sukhpal Kaur d/o Jarnail Singh, caste Mistri, came on a ford tractor of blue colour and they were having tillers attached to tractor. Balbir Singh was driving the tractor and they reached near their fields. They dropped from the tractor along with their weapons. Balbir Singh with the tractor started ploughing their wheat crop which they had sown and she stopped for doing so and came near the tractor. Balbir Singh gave soti blow with stick which he had kept on tractor and that fell on her left hand, Sukhpal Kaur stated that first this old lady be not spared, and her work be done, then Jarnail Singh gave Kirpan blow which fell from direct side on her head and she raised raula of ‘Marta Marta’ and in the meanwhile Sukhdeep Singh and Bhola Singh also came at the spot and raised raula not to kill, then Gurdip Singh gave gandasa blow from reverse side on the arm of Bhola Singh and simultaneously, gave another gandasa blow on the Crl. Revision No. 1810 of 2002 {4} arm of Sukhdeep Singh, Balbir Singh also got down from the tractor with stick. Then Gurdip Singh and Balbir Singh started causing injuries to Sukhdeep Singh and Bhola Singh and in the meanwhile, her sister-in-law Satya Rani took care of complainant and they raised raula and all the accused ran away from the spot along with their respective weapons. Her sister- in-law Satya Rani got her admitted in the hospital. The motive behind the occurrence is that all the accused wanted to forcible plough their land and she had stopped them due to which they caused injuries. On which Investigating Officer made endorsement Ex. PW6/A and on the basis of which formal FIR No. PW6/A1 was recorded by MHC Pyara Singh. At the instance of Satya Rani, site plan of place of occurrence was prepared as Ex. PW6/B. The Investigating Officer took into police possession Ford Tractor No. HRS-5189 along with Photostat RC, through recovery memo Ex. PW6/C. Fard Jamatalash of Sukhpal Kaur was prepared as Ex. PW6/D Stick Ex. P10 was recovered from accused Balbir Singh which was taken into police possession through recovery memo Ex. PW5/A. Kirpan Ex. P11 was recovered from accused Jarnail Singh and was taken into police possession through recovery memo Ex. PW5/B. Gandasa, Ex. P12, was taken into police possession from accused Gurdeep Singh through recovery memo Ex. PW5/C and fard Jamatalash of all the accused as Ex. PW5/D. The investigating Officer had moved application Ex. PW4/I to know the nature of injuries kept for X-ray and doctor Crl. Revision No. 1810 of 2002 {5} explained nature of injuries through endorsement Ex. PW4/11 and injury on the left fore-arm of Sukhdeep Singh was declared grievous as that was showing fracture of ulnar bone at its lower 1/3rd region. Some other documents were taken into police possession i.e. revenue records and after completing the necessary investigation, Chillan was presented against the accused in the court of illaqa Magistrate. Nobody has put in appearance on behalf of the petitioners. I have gone through the record of this case with the able assistance of the learned State counsel. Occurrence in this case had taken place on 13.11.1997 at about 8/8.30 a.m. Petitioner-Jarnail Singh armed with Kirpan, Gurdeep Singh armed with gandasa along with Balbir Singh and Sukhpal Kaur came on a tractor driven by Balbir Singh . The accused party started ploughing the land of the complainant Satbir Singh. Sukhpal Kaur raised a lalkara that complainant be not left alive. Jarnail Singh gave a kirpan blow on the head of the complainant. Sukhdeep Singh and Bhola Singh came to the spot and stopped the accused not to kill the complainant. Gurdeep Singh armed with gandasa gave gandasa blow on the arm of Bhola Singh. Then Gurdeep Singh and Balbir Singh caused injuries on the person on Bhola Singh. The he gave another gandasa blow on the arm of Sukhdeep Singh. Prosecution in order to prove its case examined complainant Gurdial Kaur, who duly supported the prosecution case while appearing in the witness box. PW-2 Sukhdeep Singh-injured, PW-3 Bhola Singh injured corroborated the statement of the complainant. PW-4 Dr. Mohan Lal proved the injuries on the person of complainant Gurdial Kaur and injured Crl. Revision No. 1810 of 2002 {6} Sukhdeep Singh and Bhola Singh. Thus the prosecution had been successful in proving its case as the ocular version is duly corroborated by medical version. The trial court released Sukhpal Kaur petitioner on probation as no injury was attributed to her. In appeal learned Additional Sessions Judge, Bathinda ordered that petitioner Balbir Singh be released on probation as injury under Section 325 IPC was attributed to petitioner Gurdeep Singh. So far as petitioner Gurdeep Singh is concerned, as per custody certificate placed on record, he has already undergone 02 months and 02 days of actual sentence. Keeping in view the facts and circumstances of this case, it would be just and expedient to reduce the sentence of imprisonment of petitioner Gurdip Singh to already undergone by him. Accordingly, this petition qua petitioners Jarnail Singh, Balbir Singh, Sukhpal Kaur is dismissed. So far as Gurdip Singh is concerned his conviction under Section 325 and Sections 324, 323 /34 IPC is maintained however his sentence of imprisonment is reduce to already undergone by him. Petition stands disposed of with the above modification. (SABINA) JUDGE May 01, 2009 PARAMJIT