Criminal Revision No. 178 of 1995 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 178 of 1995 Date of Decision: 12.2.2008. Satbir Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vivek Goyal, Advocate for the petitioner. Mr. Manmohan Sikka, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Satbir son of Tara, resident of village Bawanikhera was put to trial in case FIR No. 15 of 1989 registered at Police Station Bawanikhera under Sections 323 & 325 IPC. The instant FIR was alleged on the statement of Bhundu Ram. In FIR it is stated that when on 9.1.1989 he was returning back from his fields, he was attacked by the petitioner. It was stated that petitioner gave several blows with Jailly. He was medicolegally examined by Dr. M.L.Gulshan, PW.4, and on his body 17 injuries were found, the same are reproduced below:- Criminal Revision No. 178 of 1995 2 “1. Irregular lacerated wound of 3 cm X 1.5 cm X .60 cm, size over back of right forearm, 7 cm above wrist in medial half. Margins of the wound ere irregular, lacerated and inverted. It was red in colour and bled on touching; 2. Vertical lacerated wound of 2 cm X 0.3 cm X 0.3 cm over back of right elbow in lateral half. Margins of the wound were irregular, lacerated and inverted. It was red in colour and bled on touching; 3. There was bluish ecchymosis under the nail of right thumb and bleeding was present from under surface of nail Adv. X.ray; 4. Irregular transverse lacerated wound of 2 cm X 0.3 cm X 0.2 cm size over back of distal phalanx of right index finger near I.P. joint. It was red in colour and bled on touching. Adv. X-Ray; 5. Oblique lacerated wound of 0.8 cm X 0.3 cm X 0.2 cm size over back of middle phalanx of right index finger. It was red in colour and bled on touching. Adv. X-Ray. 6. Transverse lacerated wound of 1.3 cm X 0.3 cm X 0.2 cm size over back of distal Criminal Revision No. 178 of 1995 3 inter-phalangeal joint of left middle finger. It was red in colour and bled on touching. Adv. X-ray. 7. Oblique lacerated wound of 2 cm X 0.5 cm x 0.3 cm size over back of middle phalanx of left middle finger. It was red in colour and bled on touching. Adv. X-ray; 8. Transverse lacerated wound of 1.2 cm X 0.3 cm X 0.2 cm size over back of proximal interphalangeal joint of left finger. It was red in colour and bled on touching. Adv. X-ray; 9. Transverse lacerated wound of 2 cm X 0.5 cm X 0.3 cm size over back of proximal phalanx of left ring finger. It was red in colour and bled on touching. Adv. X-ray; 10. Irregular lacerated wound of 0.5 cm X 0.3 cm X 0.2 cm size over back of middle phalanx of left ring finger. It was red in colour and bled on touching. Adv. X-ray; 11. Irregular vertical lacerated wound of 2 cm X 0.5 cm X 0.2 cm size over back of middle phalanx of left little finger. It was red in colour and bled on touching. Adv. X-ray. 12. Irregular lacerated wound of 0.5 cm X 0.3 Criminal Revision No. 178 of 1995 4 cm X 0.2 cm size over knuckle of left little finger. It was red in colour and bled on touching. Adv. X-ray; 13. Irregular lacerated wound of 0.5 cm X 0.3 cm X 0.2 cm size over knuckle of left ring finger. It was red in colour and bled on touching. Adv. X-ray; 14. Vertical lacerated wound of 0.8 cm X 0.2 cm size over front of left hand over thenar eminence. It was red in colour and bled on touching. Adv. X-ray; 15. There was diffuse swelling around whole of left hand extending from knuckles of fingers upto wrist. It was red in colour. Adv. X-ray; 16. Irregular lacerated wound of 0.5 cm X 0.4 cm size over lateral aspect of right leg 9 cm above lateral malleolous; AND 17. Irregular abrasion of 1.2 cm X 0.4 cm size over front of right leg 1.5 cm in front of injury No. 16. It was red in colour”. A perusal of the above said injuries show that all entries are on the wrist, elbow and the fingers. Out of those injuries, PW.5 Dr. Prem Chand, Radiologist, opined that there was a fracture on left hand, a fracture of distal end of fifth metacarpal bone, fracture of proximal and middle phalanx of fifth finger and fractures of middle phalanx of second Criminal Revision No. 178 of 1995 5 and third fingers. Mr. Goyal appearing for the petitioner has stated that injured was not examined and was given up as won over. Furthermore, Krishan Singh appeared as DW.1 and had not supported the prosecution. It is stated before me that conviction of petitioner rest on the solitary testimony of PW.2 Bhajan. It could not be doubted that PW.2 Bhajan was cited as eye witness in the instant FIR. His testimony is further corroborated by the medical evidence. Two Courts below appreciated the evidence and returned a finding of fact. As in the revisional Court, evidence cannot be re-appreciated and re-evaluated. A fact of non-examination of the injured and examination of Krishan Singh as DW.1 has been taken into consideration by both the Courts below. In alternative, Mr. Goyal has submitted that in the present case, occurrence had taken place on 9.1.1989 and more than 19 years have passed and no untoward incident has taken place between the parties. They are leading peaceful life and maintain amity and harmony. Mr. Goyal has further stated that all injuries are on non-vital parts i.e. on the wrist and elbow and the hand. As per the Radiologist, all fractures are on the hand. Taking into account number of injuries, location of the injuries, 19 years have been passed and possibility of compromise and peace between the parties, ends of justice will be met if the petitioner is released on probation for a period of one year to maintain good conduct and behaviour. Sentence of fine is enhanced to Rs.30,000/-, which shall be converted into cost and will be disbursed to the injured. The fine shall Criminal Revision No. 178 of 1995 6 be deposited in the Court on or before 15.5.2008. Non-deposit of fine shall be considered as dismissal of the present revision petition. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 12, 2008 “DK”