Criminal Revision No.887 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.887 of 2011 Date of decision:-30.5.2011 Naranjan Singh and others ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Manuj Nagrath, Advocate for the petitioner.0 Mr. Munish Kumar, AAG Punjab. RITU BAHRI J. This criminal revision petition has been filed challenging the judgment dated 17.3.2011 passed by learned Sessions Judge whereby the conviction order dated 16.9.2010 passed by the trial Court has been upheld. The petitioners have been convicted under Section 325 IPC and sentenced to undergo imprisonment for one year and to pay fine of Rs.300/- each and in default of payment of fine to undergo simple imprisonment for seven days. The petitioners have also been convicted under Section 323 read with Section 34 IPC and sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs.200/- each and in default to undergo simple imprisonment for seven days. Accused-appellants Naranjan Singh and Kuldeep Singh were convicted under Section 325 read with Section 34 IPC and sentenced to undergo imprisonment for one year and to pay fine of Rs.300/- each and in default of payment of fine to undergo simple imprisonment for seven days. The Criminal Revision No.887 of 2011 -2- petitioners have also been convicted under Section 323 IPC and sentenced to undergo imprisonment for a period of six months and to pay fine of Rs.200/-each and in default to undergo simple imprisonment for seven days. On 13.6.2003 the alleged occurrence took place in the area of Nakodar at 10 AM when Dalip Singh was going to his fields for irrigating the same. His younger brother Niranjan Singh raised a lalkara and abused that he would not allow to pass his water through the water channel. Then Sukha, Kulwant and Kuldip Singh sons of Naranjan Singh came armed with Gandasi, Dang and Sota. Accused Sukha gave Gandasi blow from reverse side which hit near his left eye. Then Kulwant Singh gave four blows with dang which hit on his nose, right arm and left hand. Then accused Kuldip Singh alias Nikka gave three dang blows which hit on his back side of shoulders, arms and right knee. On raising alaram, Bagha Singh ex-Sarpanch, his wife Kulwant Kaur and his daughter-in-law Amrit Kaur came at the spot and they rescued him from the accused. The FIR was registered and the accused were charged to face trial under Sections 323 and 325 IPC read with Section 34 IPC. The prosecution has examined Dr. Sukhwinder Kaur, Medical Officer as (PW1). She deposed that as many as 16 injuries were found on the person of Dalip Singh. On receipt of x-ray report from Civil Hospital, Nakodar injury Nos.3 and 13 were declared grievous and injury Nos.1,2 and 3 were declared simple. As per eye specialist, injury No.6 was also declared grievous. In the statement made by Dalip Singh (PW2) he narrated the same facts as deposed by him in the FIR. Statements of Kulwant Kaur wife of Dalip Singh (PW3), ASI Shiv Kumar (PW4) and Dr. V.K. Khullar, SMO Civil Hospital, Jalandhar (PW5) were recorded. Both the Courts have accepted the medical report submitted by the doctors and held that the prosecution has duly proved its case for leading cogent evidence against the accused. Criminal Revision No.887 of 2011 -3- The criminal revision is dismissed. Counsel for the petitioners has argued that the petitioners have been facing criminal proceedings since the year 2003. The dispute was between two real brothers and within family members and there was no intention to harm permanently. Custody certificate has been filed in the Court by counsel for the State. As per custody certificate petitioners have undergone more than two months in the jail out of one year of rigorous imprisonment awarded. A direction is being given to release the petitioners-Naranjan Singh, Sukhwant Singh @ Sukha, Kulwant Singh and Kuldeep Singh on probation on good conduct for a period of one year to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Jalandhar. 30.5.2011 ( RITU BAHRI ) Vijay Asija JUDGE