CRA No.1026-SB of 2001 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA No.1026-SB of 2001 (O&M) Date of decision : 13.12.2010 Billa and others ...Appellants Versus State of Punjab …Respondent CORAM : HON’BLE MR. JUSTICE JITENDRA CHAUHAN **** Present: Mr. Mohd. Yousaf, Advocate, for the appellants. Mr. Rajinder Mathur, AAG, Punjab. JITENDRA CHAUHAN, J. (ORAL) 1. This is an appeal preferred by the appellants, namely, Billa, Ms. Razia, Hanif Mohd. and Ms. Munabbar, against the judgment of conviction and order of sentence dated 16.8.2001, passed by the learned Additional Sessions Judge, Sangrur, whereby all the accused-appellants have been convicted under Section 323 read with Section 34 of IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- or in default thereof, to further undergo rigorous imprisonment for a period of 15 days. 2. The brief facts of the case in hand are on 2.1.1994 at about 7.30 p.m., Hanif Mohd. son of Habib, was standing in front of 1 CRA No.1026-SB of 2001 the house of complainant-Saraf Din and his son, Saraj Din asked Hanif Mohd. not to stand there. In anger, Hanif Mohd. started hurling abuses at him. The daughter-in-law of complainant, Saraf Din, namely, Shamina took Saraj Din inside the house so as to avoid the confrontation. Thereafter, Saraj Din went on he roof of his house for easing himself where Hanif Mohd. and Billa, sons of Habib Ulla, Munawar wife of Hanif Mohd. and Razia wife of Billa, gave brick blows on the person of Saraj Din as a result of which he suffered multiple injuries. He was removed to the Civil Hospital, Malerkotla for treatment and he was taken to the house with the idea to administer treatment at home. According to Saraf Din, his son Saraj Din succumbed to the injuries at 7.00 a.m. on 6.1.1994. 3. After investigation, challan was presented in Court. The case was committed to the Court of Sessions for trial. The accused were charged under Section 304 read with Section 34 IPC. 4. To bring home guilt to the accused, the prosecution examined Dr. K.S. Khurana, who had medically examined Saraj Din on 2.1.1994, as PW1; Saraf Din, complainant, as PW2; Samina wife of deceased Saraj Din as PW3; Dr. Gurpal Singh, who conducted the autopsy of Saraj Din on 6.1.1994, as PW4; ASI Tarsem Raj as PW5; Bachan Singh as PW6; Gurnam Singh, Draftsman, as PW7; HC Ravinder Singh as PW8, Constable Ranjit Singh as PW9 and SI Gurpreet Singh, Investigating Officer, PW10. 5. In their statements under Section 313, Cr.P.C., the appellants denied the allegations. Accused-appellant Hanif Mohd. had pleaded that Saraf Din and his son Saraj Din, wanted to leave 2 CRA No.1026-SB of 2001 their neighbourhood and he along with other accused have been falsely implicated in this case. 6. No evidence was led in defence. 7. I have heard learned counsel for the parties and perused the record. 8. At the very onset, the learned counsel for the appellant informed that appellant No.1-Billa has expired during the pendency of the appeal. The learned counsel does not assail the findings on merits. He Submits that the appellants are first offenders and they are not previous convicts. They are poor labourers. Appellant No.2 is missing and is not traceable. The incident pertains to the year 1994. Both the parties were neighbours and there was no previous enmity between the parties. Learned counsel for the appellants has referred to Mahanda Vs. State of Punjab, 2007(4) R.C.R. (Criminal) 174, and Jagir Singh Vs. The State of Punjab, 2010(1) R.C.R. (Criminal) 525, whereby this Court was pleased to release the appellants on probation in those cases. 9. Keeping in view the submissions made by the learned counsel for the appellants and in view of the facts and circumstances of the case, nature of the offence and antecedents of the appellants, the appellants are hereby ordered to be released on probation of good conduct under the Probation of Offenders Act, 1958, for a period of six months to be of good behaviour and to keep peace during the said period and each of them furnishing bonds for a sum of Rs.5,000/- with one surety of the like amount with an undertaking to appear to receive sentence whenever called upon to do so during such period. The bonds be furnished within one month to the 3 CRA No.1026-SB of 2001 satisfaction of the learned Chief Judicial Magistrate, Sangrur, on receipt of a copy of this judgment failing which this appeal shall stand dismissed against defaulter-appellant. 10. The appeal qua appellant No.1-Billa stands abated in view of the statement made my learned counsel for the appellants. However, if at a later stage, it is found that he is alive, he will also abide by the judgment of this Court. 11. The appeal is disposed of accordingly. December 13, 2010 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter : Yes / No 4