CRA NO. 159-SB OF 2000 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA NO. 159-SB OF 2000 (O&M) DECIDED ON : 04.03.2011 Gurcharan Singh @ Charan Singh and others ...Appellants versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Bipan Ghai, Senior Advocate with Mr. Sandeep Gehlawat, Advocate, for the appellants. Mr. J. S. Sandhu, AAG, Haryana. K. C. PURI, J. (ORAL) This is an appeal directed by three accused/appellants against the judgment dated 08.02.2000 passed by Shri Kuldip Singh, Additional Sessions Judge, Rup Nagar, vide which Gurcharan Singh @ Charan Singh-appellant has been convicted under Section 307 IPC and sentenced to undergo R.I for five years and fine of Rs.500/-. In default thereof, further R.I for three months and under Sections 323/34 IPC to undergo R.I for six months, whereas Jaswinder Singh and Malkiat Singh- appellants were convicted under Sections 323 read with Section 34 IPC and sentenced to undergo R.I for 6 months each and fine of Rs.500/- each. In default thereof, to further undergo R.I for one month each. CRA NO. 159-SB OF 2000 (O&M) -2- The appellants, along with Gurdev Singh and Narinder Singh @ Munni, were sent to stand trial for an offence punishable under Sections 307/326/324/323/148/149 IPC vide FIR No. 74 dated 10.05.1995 at Police Station Kharar. The facts as enumerated from the prosecution version are that Sital Singh was posted as Supervisor in SYL. One Narinder Singh, brother-in-law of Amrik Singh was residing with the complainant. The said Narinder Singh was running a taxi from bus stand of Gharuan. Narinder Singh @ Muni also runs a taxi from the same bus stand. Few days prior to the occurrence, Narinder Singh relative of Sital Singh, did not give lift to Charan Singh father of Narinder Singh @ Muni in his van, as a result of which Narinder Singh @ Muni was nourishing a grudge. On 27.05.1995, Narinder Singh @ Muni and his brother Jaswinder Singh @ Jassi, accompanied by two more persons, gave injuries to Narinder Singh, as a result of which they were called upon by the Sarpanch Mewa Singh on 29.05.1995. They were again called by the Sarpanch on 30.05.1995. When Sital Singh accompanied by his father Naghahia Singh, was coming from bara to their residential house and crossed the house of Charan Singh, Gurdev Siungh gave exhortation calling upon Charan Singh to come out as Naghahia Singh had come and that he should be caught. Sital Singh and his father Naghahia Singh proceeded to their house. When they were about 4/5 karms away from their house, Charan Singh came from behind with Gandasi and gave Gandasi blow on CRA NO. 159-SB OF 2000 (O&M) -3- the head of Naghahia Singh due to which he fell down. Narinder Singh @ Muni gave Gandasi blow from sharp side on the right leg of Naghahia Singh as a result of which blood started oozing out. In the meantime, Malkiat Singh and Jaswinder Singh @ Jassi armed with lathis, came there. Malkiat Singh gave lathi blows on the head and right arm of Sital Singh. He raised alarm which attracted his brother's brother-in-law Narinder Singh. Jaswinder Singh @ Jassi gave lathi blow on the head of said Narinder Singh. All of them raised alarm which attracted Bhupinder Singh s/o Nasib Singh and Amrik Singh s/o Arjun Singh. Upon this all the accused ran away from the spot with their weapons. All the three injured were removed to Civil Hospital, Kharar where they were medico-legally examined. After investigation of the case, challan was presented, copies of which were supplied to the accused under Section 207 Cr.P.C. Charge under Sections 307/326/324/323/148/149 IPC was framed against all the accused, to which they pleaded not guilty and claimed trial. In order to bring home the guilt of accused, prosecution examined Dr.Ashraf Zaver as PW-1, Dr.Rajiv Bhalla as PW-2, ASI Rajesh Kakkar as PW-3, Sital Singh complainant as PW-4, Naghahia Singh injured as PW-5, Narinder Singh injured as PW-6, ASI Dalip Singh as PW-7, Dr. S.N.Mathuria as PW-8, Gian Chand Draftsman as PW-9, Dr.V.K.Khosla as PW-10 and closed the evidence. CRA NO. 159-SB OF 2000 (O&M) -4- All the accused were examined under Section 313 Cr.P.C in which all the incriminating evidence was put to them, to which they pleaded false implication. Accused Gurcharan Singh took plea that on 30.05.1995, Naghahia Singh, Sital Singh, Narinder Singh, Satinderpal Singh and three other persons were fighting with each other in front of his house. He stopped them and tried to rescue Satinderpal Singh. On his intervention, Sital Singh gave soti blow on his head, Gurdev Singh took him to Civil Hospital, Kharar. He has been falsely implicated due to enmity with complainant. The police refused to report their version. In defence, accused examined Balwinder Singh as DW-1 and closed the evidence. Learned trial Court, after appraisal of the prosecution evidence, found accused Gurcharan Singh @ Charan Singh, Malkiat Singh and Jaswinder Singh @ Jassi guilty and convicted them as detailed above. However, the other two accused Gurdev Singh and Narinder Singh were acquitted of the charges framed against them. Feeling dissatisfied with the judgment dated 08.02.2000 passed by the Additional Sessions Judge, Rup Nagar, the appellants have preferred the present appeal. Learned counsel for the appellants has not challenged the conviction order passed by the trial Court but has submitted that even according to the judgment, the age of Gurcharan Singh CRA NO. 159-SB OF 2000 (O&M) -5- @ Charan Singh was 58 years in the year 1995 and now he is more than 73 years. It is further contended that he has undergone incarnation for a period of 4 months and 15 days out of the substantive sentence of 5 years. It is further submitted that so far as appellants Malkiat Singh and Jaswinder Singh @ Jassi are concerned, they have been convicted under Sections 323/34 IPC only. They have undergone incarnation for a period of 8 days, as per conviction slip placed on the file. Learned counsel for the appellants has relied upon the following authorities :- 1) Binder Singh vs. State of Punjab, 2007 (2) RCR (Criminal) 618; 2) Surjit Singh vs. State of Punjab, 2008 (1) RCR (Criminal) 600; 3) Radhey Shyam vs. State of Haryana, 2007 (4) RCR (Criminal) 181. I have considered the submissions made by learned counsel for the appellants. The occurrence relates to the year 30.05.1995. Charge in this case was framed on 18.03.1996. The age mentioned by Gurcharan Singh @ Charan Singh at the time of framing of charge is 58 years. In the judgment also, the age of Gurcharan Singh @ Charan Singh is mentioned as 62 years in the year 2000, so at present the age of Gurcharan Singh @ Charan Singh is about 73 years. The appellants have undergone CRA NO. 159-SB OF 2000 (O&M) -6- mental agony and pain of protracted trial for the last more than 15 ½ years. Gurcharan Singh @ Charan Singh appellant has undergone incarnation for a period of 4 months and 15 days out of the substantive sentence of 5 years. The appellants are stated to be on bail since February, 2000. It would not be in the consonance of justice to send Gurcharan Singh @ Charan Singh to custody in the evening of his life. In Binder Singh's case (supra), this Court reduced the sentence to already undergone where it was 5 months as the occurrence took place 15 years back. In Surjit Singh's case (supra), the sentence was reduced to already undergone where the incarnation was for the period of 6 ½ months and the incident relates to 17 years back. However, compensation was awarded. In Radhey Shyam's case (supra), the sentence was also reduced to undergone where the accused was 48 years old at the time of framing of charge and the occurrence relates to 17 years back. Learned counsel for the appellants although has not challenged the conviction, however, since this is the first appeal, I myself have gone through the records. The testimony of injured witnesses is corroborated by the medical evidence. There was a motive for the occurrence. So, the conviction recorded by the trial Court stands affirmed. So keeping in view the totality of circumstances, the sentence of the appellants is reduced the period already undergone. However, Gurcharan Singh @ Charan Singh is CRA NO. 159-SB OF 2000 (O&M) -7- directed to pay Rs.25,000/- as compensation to injured Naghahia Singh, who has suffered injury under Section 307 IPC besides other injuries. The appellants Malkiat Singh and Jaswinder Singh @ Jassi are directed to pay Rs.5000/- each which shall be paid to injured Narinder Singh and Sital Singh. The appeal stands disposed of accordingly. A copy of this judgment be sent to the trial Court for strict compliance. MARCH 04, 2011 (K. C. PURI) shalini JUDGE