Criminal Appeal No.164-SB of 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.164-SB of 1998 Date of decision: February 06, 2008 Joginder Singh and others … Appellants/ Petitioners Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashok Saini, Advocate with Mr.D.K.Kaushal, Advocate for appellants/ petitioners Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Joginder Singh, his wife Jagir Kaur and his son Kulwant Singh were put to trial in case FIR No. 44 dated 07.04.1996 for offences under Section 307 & 326 read with Section 34 IPC registered at Police Station Dera Baba Nanak. They were tried for the offences and the Trial Court acquitted Jagir Kaur, however convicted and sentenced Joginder Singh to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3000/-. In default of payment, to undergo rigorous imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for three years under Section 326 read with Section 34 IPC. Kulwant Singh was convicted under Section 307 read with Section 34 IPC Criminal Appeal No.164-SB of 1998 2 to undergo rigorous imprisonment for four years. He was further sentenced under section 326 IPC to four years rigorous imprisonment and a fine of Rs.2000/-. In default of payment of fine, to undergo rigorous imprisonment for two months. Prosecution has examined the eye witnesses, Karam Singh PW-2 and Gurmej Singh PW-3, who were the real brothers. In the present case, Gurmej Singh PW-3 is the injured. Injury No.2 has been reproduced by the trial Court in para 16. This is a very serious injury and Joginder Singh has been rightly convicted for offence under Section 307 IPC. Counsels appearing for the petitioners have accepted conviction and have made no challenge to the same, in view of statements of injured eye-witnesses and same is reliable. Record reveals that Joginder Singh was not granted bail by this Court. So he has undergone his entire period of sentence. Mr.D.K. Kaushal, who is now assisted by Mr.Ashok Saini, has stated that Joiginder Singh was 70 years old and since he has undergone entire sentence, sentence of fine awarded by the Trial Court may be waived off. The fine imposed was only Rs.3000/-. Entire sentence has been undergone by Joginder Singh as per Mr.D.K. Kaushal assisted by Mr.Ashok Saini. Therefore, it will be in the interest of justice in case sentence of fine qua Joginder Singh is waived off. Ordered accordingly. Kulwant Singh, who was sentenced to undergo four years rigorous imprisonment, is said to have undergone about one year and nine months. He was sentenced and sent to jail on February 28, 1998 and was released on bail on 1st November, 1999 as per counsels representing Criminal Appeal No.164-SB of 1998 3 Kulwant Singh. This Court is of the view that he has undergone about one year and nine months, sentence of Kulwant Singh is reduced to already undergone. With these observations, present criminal appeal is disposed off. [Kanwaljit Singh Ahluwalia] Judge February 6, 2008. rps