Crl.Rev.No.2353 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.2353 of 2002 Date of Decision: 26 - 2 - 2009 Jagga Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.R.K.Girdhar, Advocate for the petitioner. Mr.A.S.Brar, DAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed by Jagga Singh son of Joginder Singh. He was tried along his brother Nanak Singh and father Joginder Singh in case FIR No.21 dated 4.2.1999 registered at Police Station Sadar Muktsar under Sections 326/324/34 IPC. Gurditta Singh injured had made a statement to ASI Waryam Singh. On the basis of this statement, formal FIR, Ex.PW5/B was registered. Gurditta Singh in the statement made to the police had stated that he is resident of Burra Gujjar and do agriculture work. He had purchased 4 kanals of land from Gura Singh and had sown fodder for the cattle. He was going to the fields to cut fodder then at about 12.00 Noon, Crl.Rev.No.2353 of 2002 [2] Jagga Singh armed with datri (sickle), his brother Nanak Singh armed with dang and Joginder Singh empty handed were standing there. Joginder Singh exhorted lalkara that complainant be caught hold up and be not allowed to escape alive. Jagga Singh gave a datri (sickle) blow on the hands of complainant and in order to save himself complainant raised his left arm. Then the blow hit on his little finger. He also gave three blows from the datri (sickle) which were suffered by the complainant on his left hand. Meanwhile his uncle (Chacha) along with his mother attracted to the spot and also witnessed the occurrence. They raised noise `Mar ditta' `Mar ditta'. Then the accused fled away from the spot along with their weapons. Injured complainant Gurditta Singh was brought to the hospital. Report under Section 173 Cr.P.C. was submitted. Court of Judicial Magistrate Ist Class, Muktsar had substantively charged Jagga Singh under Section 326 IPC and his co-accused under Section 326/34 IPC. Jagga Singh was also substantively charged for offence under Section 324 IPC and other accused under Section 324 with aid of Section 34 IPC. Dr.S.K.Jagga appeared as PW-1. He stated that he medico legally examined Gurditta Singh complainant on 4.2.1999 and following injuries were found on the person of Gurditta Singh:- 1. Punctured wound with sharp margins size 1 x ¼ cms ¾ cms deep going to the bone on the outer and dorsal aspect of left hand and is 2 cms from and below the left wrist joint (outer aspect). Bleeding was present. 2. Punctured wound ¾ cms x ¼ cms into ¾ cms deep going towards the bone and one cm below the injury No.1. Bleeding was present. Crl.Rev.No.2353 of 2002 [3] 3. punctured wound ½ x ¼ cms into ¾ cms deep going towards bone and below the injury No.2. 4. An incised wound 2.75 x ½ cms into bone deep on the dorsal aspect of laft hand in its outer aspect and going medially and towards the palmpar aspect towards the little finger side is 2.5 cms above the root of the little finger of the left hand. Underlying bone is partially cut. Bleeding was present. Tenderness plus muscle and part of the tendor intervening was also cut. Injuries No.1 to 3 were declared simple. Injury No.4 was declared grievous. Gurditta Singh appeared as PW-2 and reiterated the version given by him in the FIR. Beant Singh his uncle's son appeared as PW-3 and corroborated the testimony of Gurditta Singh. Rapinderjit Singh from the office of Civil Hospital, Muktsar appeared as PW-4 and proved the bed head ticket. The Investigating Officer ASI Waryam Singh appeared as PW- 5. Thereafter all incriminating evidence was put to the accused under Section 313 Cr.P.C. They pleaded false implication and stated that due to land dispute, they have been falsely implicated. In defence, they examined Sat Narain, Ahlmad from the Court of Chief Judicial Magistrate, Muktsar and proved that a civil suit was pending between the parties. Joginder Singh accused appeared as DW-2 and stated that they have been falsely implicated. Learned trial Court after doing appraisal of evidence had convicted and sentenced Jagga Singh to undergo rigorous imprisonment for one and half year and to pay a fine of Rs.300/- under Section 326 IPC. He was also sentenced to undergo rigorous imprisonment for 8 months under Crl.Rev.No.2353 of 2002 [4] Section 324 IPC. Nanak Singh and Joginder Singh were convicted and sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs.200/- each under Sections 326/34 IPC. They were also sentenced to undergo rigorous imprisonment for 8 months under Sections 324/34 IPC. In default of payment of fine, the accused were to undergo rigorous imprisonment for 15 days. Aggrieved against the judgment of the trial Court, three accused filed an appeal. The appeal was decided by the Court of Additional Sessions Judge, Muktsar. During the pendency of appeal Joginder Singh died. Nanak Singh brother of the present petitioner was acquitted. Appeal of petitioner Jagga Singh was dismissed and the sentence awarded by the trial Court was affirmed. Petitioner was taken into custody on 15.12.2002. He was ordered to be released on bail by this Court on 14.1.2003. In the present case, the occurrence had taken place on 4.2.1999. More than ten years are going to elapse. Petitioner has allegedly caused grievous injury on little finger of Gurditta Singh. There is a land dispute between the parties. Counsel for the petitioner has submitted that the very fact that grievous and other injuries on left hand and particularly on little finger show that in order to score advantage in civil litigation, injuries have been fabricated and, therefore, the petitioner has been falsely implicated. Counsel for the petitioner has stated that petitioner had already undergone 3 months of sentence. I have read the cross-examination of Dr.S.K.Jagga PW-1. Though it has been stated that possibility of injuries being caused by friendly hands cannot be ruled out but it cannot be assumed that Crl.Rev.No.2353 of 2002 [5] complainant had suffered injuries to involve the petitioner into litigation. It has been further submitted by counsel for the petitioner that in the present case occurrence is more than ten years old and the fact that the injury has been given on the little finger, the petitioner should be dealt with leniently as far as quantum of sentence is concerned. Petitioner has already under gone three months of sentence. In case the petitioner is sent behind the bars, no useful purpose would be served. Rather the injured can be compensated for the injuries suffered by him. Taking into consideration age, antecedents, the protracted trial and nature of injuries suffered by the complainant, it is ordered that the sentence awarded upon the petitioner is reduced to the one already undergone, subject to his depositing Rs.10,000/- in the trial Court which shall be disbursed to the complainant. With aforesaid modification in the quantum of sentence, the revision petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) February 26, 2009. JUDGE RC