Crl.R. No.1227 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.1227 of 2004 DATE OF DECISION: April 18, 2009 BALKAR SINGH AND ANOTHER ...PETITIONERS VERSUS THE STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: NONE FOR THE PETITIONER. MR. A.S. GREWAL, ADDL.A.G., PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioners have filed this revision against the judgement dated 7.8.2003, passed by the Judicial Magistrate Ist Class, Ferozepur whereby the petitioners were convicted under Section 324 IPC and were sentenced to undergo R.I. for 1 year and to pay a fine of Rs.1000/- each and in default to undergo imprisonment for 15 days and the judgement dated 15.5.2004, passed by the Addl. Sessions Judge, Fast Track Court, Ferozepur whereby the appeal filed by the petitioners was dismissed. A perusal of the judgements of Courts below shows that FIR in this case was registered on 5.6.1999, under Section 324/34 IPC at Police Station Mamdot on the statement made by Buta Singh. As per the version given by the complainant that at about 2.30 p.m. when he was going to village Kari Kalan from his Dhani on a bicycle and when he reached at the turning of Sodhiwala, his younger brother Balkar Singh and Kashmir Singh @ Chhira armed with Kapa emerged and attacked him. Kashmir Singh gave Crl.R. No.1227 of 2004 -2- three blows from his Kapa, out of which two blows landed on his left arm on its upper portion and the third blow landed on his left shoulder but he was saved from the said blow because there was a piece of cloth at that time on his left shoulder. In the meanwhile, his brother Balkar Singh gave a Chhuri blow but he held the hands of his brother Balkar Singh and the blow was caused to him on the left side of chest and on his left hand. In the meantime, Sukhdev Singh reached at the spot to save the complainant from the accused. The trial Court after going through the entire evidence convicted both the accused in the manner mentioned in the opening paragraph. The appeal filed by the accused has also been dismissed by the Addl. Sessions Judge (FTC), Ferozepur. A perusal of the judgements passed by both the Courts below shows that the prosecution has mainly based its case upon the statement of the complainant Buta Singh who appeared as PW1 an has given a detailed account of the occurrence. His statement has been corroborated by PW2 Kulwant Singh who is the eye witness of the occurrence. The injuries on the person of the injured have been proved by the Medical Officer who appeared as PW4 and he proved MLR Ex.PW4/A. The ocular version is in consonance with the medical evidence and there is nothing to suggest that the accused has been falsely implicated. In view of the concurrent findings, I uphold the conviction of the petitioners under Section 324/34 IPC. However, as far as the question of sentencing the petitioners is concerned, a perusal of the order granting bail to the petitioners shows that the petitioners have already undergone 1½ months' imprisonment against the substantive sentence of 1 year and fine Crl.R. No.1227 of 2004 -3- has also been deposited. As the occurrence took place almost 10 years ago and the petitioners have already undergone 1½ months' imprisonment of substantive sentence, therefore, while upholding the conviction of the petitioners, I reduce the sentence of the petitioners to the one already undergone by them. Revision disposed of. April 18, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE