CRR No.1135 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.1135 of 2010 (O&M) Date of decision: 09.02.2011 Mithu Singh ....Petitioner Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Deepak Aggarwal, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) CRM No.20504 of 2010 For the reasons mentioned, delay of five days in filing the revision is condoned. CM stands allowed. CRR No.1135 of 2010 This revision petition is filed for enhancement of the sentence awarded to the accused/respondent by Learned Sessions Judge, Bathinda, thereby sentencing the accused/respondent under Section 325 of the Indian Penal Code pursuant to FIR No.108 dated 27.10.2006, under Sections 308/323/34 of the Indian Penal Code, Police Station Maur. Brief facts of the present case are that Bladev Singh is an agriculturist. On 4.10.2006 at about 8.00 p.m., he along with his brother CRR No.1135 of 2010 (O&M) -2- Mithu Singh after taking meals, was sitting in his house. Complainant went out in the street and was waiting for Montu to go out for operating motor and releasing the water. On finding Baldev Singh complainant alone, Bikkar Singh son of Gurdial Singh armed with soti and his son Gurbaz Singh armed with takua, came running towards the complainant. Bikkar Singh exhorted that today Baldev Singh should not be spared and should be killed so that he may not give evidence. Gurbaz Singh accused gave a takua blow, which hit on the head near the left ear of complainant. Complainant, who was empty handed, fell down. Then Bikar Singh exhorted Gurbaz Singh to give one more blow on the head of Baldev Singh. Gurbaz Singh gave second blow of takua near the left ear of complainant while he was lying on the ground. Bikkar Singh also gave a soti blow on the left upper arm of complainant and another soti blow on the back of the complainant. Complainant raised alarm, on which his elder brother Mithu Singh and Hardev Singh son of Jangir Singh came running and raised the alarm 'NA MARO, NA MARO'. Bikakr Singh and his son Gurbaz Singh ran away with their weapons. The motive for the crime is that Bikkar Singh and his son Gurbaz Singh are facing trial in Talwandi Sabo Court regarding the dispute of Gurudwara. Accused were claiming that they have been falsely implicated and for this reason the accused had caused injuries to Baldev Singh. In support of its case, prosecution examined Baldev Singh complainant PW1, Mithu Singh eye-witness PW2, Dr. Kamal Sharma, PW3, Dr. Yashvir Dewan of MCM Hospitala, Ludhiana, PW4, Dr. Gurpal Singh PW5, ASI Hardam Singh PW6, PW Hardev Singh was CRR No.1135 of 2010 (O&M) -3- given up as won over by the accused and prosecution closed its evidence. In defence, accused produced the copy of FIR No.76 of 2005 Ex. D.1 and copy of judgment Ex.D.2 and closed the defence evidence. After hearing the learned counsel for the parties and going through the record, learned Sessions Judge sentenced the accused Gurbaz Singh to undergo rigorous imprisonment for two years and fine of Rs.5,000/-, in default thereof, to undergo further rigorous imprisonment for six months under Section 325 IPC. I have heard the learned counsel for the petitioner and have carefully perused the record. Gurbaz Singh is the young boy and having liability of his family. He is not reported to be involved in other offences. As such award of two years rigorous imprisonment and fine of Rs.5,000/- cannot be said to be insufficient in the facts and circumstances of the case. Revisional power ordinarily should not be invoked to enhance the sentence unless some glaring illegality is pointed out. I do no find any illegality in the orders passed by the learned Courts below. Dismissed. (Alok Singh) Judge February 09, 2011 R.S.