Criminal Revision No.1024 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1024 of 2009 Date of Decision: 8 - 5 - 2009 Sher Singh .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.S.S.Bains, Advocate for the petitioner. Mr.S.S.Mor, Sr. DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Sher Singh along with Gian Chand were tried in case FIR No.194 dated 7.5.1998 registered at Police Station Sadar Sirsa under Sections 323, 324, 326/34 IPC. Gian Chand is stated to have died during the trial. Petitioner Sher Singh was sentenced by the Court of Judicial Magistrate Ist Class, Sirsa to undergo rigorous imprisonment for six months under Section 326 IPC. Petitioner had filed an appeal. The appeal was decided by the Sessions Judge, Sirsa who found that no offence under Section 326 IPC is made out and converted the conviction under Section 324 IPC. However, the sentence of six months rigorous imprisonment was maintained. Criminal Revision No.1024 of 2009 [2] Mr.S.S.Bains appearing for the petitioner at the out set has stated that once the Appellate Court came to conclusion that no offence under Section 326 IPC was made out, then for a lesser offence under Section 324 IPC, the Court ought to have awarded lesser sentence. Vijay Singh had made a statement Ex.PW4/A to Varinder Singh ASI. In the statement made, it was stated that Vijay Singh was doing labour work. On 7.5.1998 at about 10.30 A.M., he was going to the house of his brother Ishwar for taking meal. When he reached in front of the gate of house of his brother, Sher Singh armed with a kappa and Gian Chand son of Fateh Chand armed with a lathi came out of their houses and told the accused that he has to be taught a lesson for making a complaint. On the reply given by Vijay Singh that he had made no complaint, accused told that complaint was made by the complainant regarding theft of electricity, saying so, Sher Singh gave a kappa blow. Vijay Singh complainant raised his hand and suffered injuries on his fingers. Gian Chand gave a lathi blow on the waist of complainant Vijay Singh. He fell on the ground. On noise raised by the complainant, other people were attracted at the spot and the accused fled away from the spot. FIR was investigated. Report under Section 173 Cr.P.C. was submitted. Petitioner was charged along with his co-accused by the Court of Additional Chief Judicial Magistrate, Sirsa on 11.8.1999. In the charge, it was stated that on 7.5.1998 at about 10.30 A.M. in the area of Bajekan, the petitioner had caused grievous hurt to Vijay Singh and thereby committed offence under Section 326 read with Section 34 IPC. Similarly charge under Sections 324/34 and 323/34 IPC was also framed. Prosecution examined PW-1 Chinna Ram. He stated that when Criminal Revision No.1024 of 2009 [3] he arrived at the spot, accused Sher Singh and Gian Chand were causing injuries to Vijay. In examination-in-chief, he specifically stated as under “When we reached at the spot, accused after causing injuries had gone to their house”. PW-2 Sham Lal stated that on hearing noise, when he reached at the spot, altercation was going on. Sher Singh was armed with kappa and Gian with a lathi and in their presence Vijay caused injuries. Gurdial Singh ASI appeared as PW-3 and Virender Singh SI appeared as PW-4. Prosecution examined Dr.Joginder Singh, Medical Officer, Government Hospital, Sirsa who appeared as PW-5. He found three injuries on the person of Vijay Singh. Injury No.3 was complaint of pain on back of chest. Injuries No.1 and 2 were on the little finger and ring finger respectively. PW-6 Dr.S.L.Aggarwal radiologically examined Vijay Singh and found chip fracture of head of middle phalanx of left little finger with dislocation of distal intel phalangeal joint of left little finger. Thereafter, statement of accused under Section 313 Cr.P.C. was recorded. All incriminating evidence was put to the accused. In defence Sarbati wife of Gian Chand was examined as DW-1, Lajwanti was examined as DW-2 and Munish Tuteja, Ahlmad was examined as DW-3. Rajvir Singh MHC was examined as DW-4. Counsel for the petitioner has submitted that injured Vijay Singh had died during the pendency of the trial in an accident and as such his testimony was not recorded. The Courts below have not relied upon the defence evidence. Defence witnesses Sarbati and Lajwanti had stated that injury suffered by Vijay was due to his fall on a broken bottle. PW-1 Chinna Ram and PW-2 Sham Lal have stated that in their presence injury was caused to injured Vijay. Both the Courts have placed implicit reliance Criminal Revision No.1024 of 2009 [4] on their testimony. The trial Court has convicted the petitioner under Section 326 IPC to undergo six months rigorous imprisonment. However, the Appellate Court had converted the conviction under Section 324 IPC but the sentence was maintained. Taking into consideration that the conviction was converted from Section 326 IPC to Section 324 IPC, the sentence awarded to the petitioner is reduced from six months rigorous imprisonment to three months rigorous imprisonment. With aforesaid modification in the order of sentence, the present petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) May 8, 2009. JUDGE RC