Criminal Revision No.365 of 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: February 1, 2008 Bhana Singh etc. … Petitioners Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mrs. Baljeet Kaur Mann, Advocate for the petitioners. Sh.Manmohan Sikka, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (Oral) In case FIR No.88 dated 30.08.1982 registered at Police Station, Radaur, seven accused were named for the offences under Section 323, 324, 325, 452, 427, 509, 148 and 149 IPC. Out of them, only five were sent for the trial. Accused Gokal and Molu were summoned subsequently as they were found innocent during the investigation. Occurrence in the present case, had taken place on the night intervening 28th and 29th August, 1982 at about 12.30 a.m. when the accused armed with various weapons have caused injuries. Injuries on the person of Nahar Singh, Puran Chand were proved on the record vide Exhibit P-A and P-B. Both the injured have suffered grievous injuries. The Trial Court and Appellate Court below having relied upon the injured witnesses, convicted six accused and acquitted Jangli. Out of these six accused, Criminal Revision No.365 of 1991 2 Chhaillu, Mangat and Gandhi were sentenced to three years whereas, other accused were sentenced to two years. In their appeal, their conviction and sentence was maintained. I have perused the judgments of Courts below. It will be difficult for me to disbelieve the injured witnesses. Since Courts below have appreciated their evidence in the Revisional Court, I will not tread on the path of evaluating credibility and evidence of the witnesses. Mrs.Mann, appearing for the accused faced with these observations, has modulated her prayer and has submitted that Molu and Bhana accused, during the pendency of revision petition have died. She further submitted that Chaillu is aged 70 years, Mangat is 50 years, Gandhi is 55 years and Gokal is aged 80 years. Admittedly, a period of about 26 years has elapsed as the occurrence took place on August 19, 1982. Petitioners have suffered a protracted trial. The present revision petition qua Bhanna and Molu shall abate. Mrs.Mann has stated that petitioners have undergone about one month during trial and after the dismissal of their appeal by the Court of Additional Sessions Judge, Ambala. Taking into account that each of the accused has suffered protracted trial and believing in the statement of Mrs.Mann that in the last 25 years, petitioners have committed no offence, I find no reason to send the petitioners behind the bars. Sh. Manmohan Sikka, Assistant Advocate General, Haryana appearing for the State has been unable to controvert this contention of Mrs.Mann. This Court is persuaded by the fact that sending the petitioners behind the bars at this stage may disturb peace and harmony of the village. If the petitioners are sent behind the bars, it may trigger another incident. Taking totality of the circumstances in view, I reduce the sentence of the petitioners to already undergone. However, sentence of fine is enhanced to Rs.20,000/- qua Criminal Revision No.365 of 1991 3 each of the petitioners and Rs.80,000/- of the fine so deposited shall be disbursed among the injured. The learned Chief Judicial Magistrate, Ambala will hold a preliminary inquiry regarding the factum of death of Bhanna and Molu. In case, in the preliminary inquiry it is found that they have died, as ordered, above revision shall abate qua them without reference to this Court. In case it is found that the statement regarding their death is not true, the Chief Judicial Magistrate can make a further reference to the registry of this Court. [Kanwaljit Singh Ahluwalia] Judge February 1, 2008. rps