IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.498 of 2003 Date of decision: 10th February, 2010 Jarnail Singh and others … Petitioners Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hardev Singh Sangha, Advocate for the petitioners. Mr. Mehardeep Singh, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Jarnail Singh, Amrik Singh, Baru Singh, Nachhattar Singh, Kala Singh and Sukhdev Singh alias Sukha were nominated as accused in case FIR No.09 dated 03.07.1996 registered at Police Station Samana under Sections 324/147/148/149 IPC. On 1st July, 1996, petitioners had caused injuries to Moti Singh son of Pritam Singh. Moti Singh suffered six injuries. All injuries were simple in nature. The prosecution examined Moti Singh injured as PW-1, Balwinder Singh another eye witness as PW-2, Dr.Gurpal Singh, who conducted medico legal examination as PW-3 and ASI Ajaib Singh as PW-4. For six injuries on the person of Moti Singh, six accused have been named. The trial Court placed implicit reliance upon the testimony of PW-1 Moti Singh, PW-2 Balwinder Singh and sentenced the petitioners under Section 324 IPC to undergo rigorous imprisonment for one year. The table Criminal Revision No.498 of 2003 giving details of sentence awarded to each petitioner, from the trial Court judgment, is reproduced below: Name of the accused Under Section Sentence awarded to the accused 1. Jarnail Singh, Amrik Singh, Baru Singh, Nachhattar Singh and Sukhdev Singh 148 IPC Sentenced to undergo R.I. for one year for each accused. 2. Kalla Singh 147 IPC Sentenced to undergo R.I. for one year and fine of Rs.100/- and in default of payment of fine to undergo further RI for two months. 3. Amrik Singh 324 IPC R.I. one year and fine of Rs.100/-, in default of payment of fine further to undergo RI for two months. 4. Baru Singh 324 IPC RI for one year and fine of 200/-, in default of payment of fine further to undergo RI for two months. 5. Sukhdev Singh 324 IPC RI for one year and fine of Rs.100/- and in default of payment of fine further to undergo RI for two months. 6. Nachhattar Singh 324 IPC RI one year and fine Rs.100/- in default RI for 2 months. 7. Jarnail Singh, Amrik Singh, Baru Ram, Nachhattar Singh and Sukhdev Singh 324/149 IPC R.I. one year of each accused. Aggrieved against the order of the trial Court, petitioners had filed appeal. The same was dismissed. Conviction was upheld and the sentence awarded to the petitioners was maintained. Counsel for the petitioners has submitted that he is not in a position to assail the conviction of the petitioners. However, he has stated that petitioners were taken into custody on 15th February, 2003 and were 2 Criminal Revision No.498 of 2003 ordered to be released by this Court on May 2, 2003. Counsel has further submitted that the petitioners have already undergone about two months 19 days of their actual sentence. Counsel has further submitted that occurrence, in the present case, had taken place in year 1996 and a period of about 14 years is going to elapse. Counsel has stated that there is complete peace prevailing in the village and no untoward incident has taken place. Counsel has further stated that petitioners are leading life of a good, peaceful and honest citizen. It is further submitted that the petitioners are ready and willing to compensate the injured Moti Singh. Taking into consideration the fact that petitioners have already suffered mental pain and agony of protracted trial for about 14 years, furthermore in the last 14 years no incident has taken place and petitioners are willing to pay compensation to the injured, this Court is of the view that no useful purpose will be served by sending the petitioners behind the bars and an opportunity can be granted to the petitioners to reform themselves and lead a life of rectitude. Accordingly, this Court is of the view that ends of justice will be fully met in case petitioners are released on probation under Probation of Offenders Act for a period of one year. They will furnish personal/surety bonds to the satisfaction of the trial Court with an undertaking to maintain peace, good conduct and behaviour for the period of probation. However, each petitioner is fastened with a cost of Rs.8500/-. The amount of cost shall be deposited within three months after receipt of certified copy of this order. The amount so deposited, which shall come to above Rs.50,000/-, shall be paid as compensation to the injured Moti Singh. In case the petitioners commit any breach of terms and conditions of the bonds, they will be called upon by the trial Court to undergo the sentence awarded. Failure to deposit cost of litigation shall render the present revision petition as dismissed. 3 Criminal Revision No.498 of 2003 With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE February 10, 2010 rps 4