Crl. Revision No. 24 of 2001 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 24 of 2001 Date of Decision:March 10, 2009 Sukhdev Singh and another ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.V.M.Gupta, Advocate, for the petitioners Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Petitioners were convicted for an offence under Sections 326 / 149,324, 323/149, 148 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 12.8.1999 by Chief Judicial Magistrate, Mansa, along with their co-accused-Rajinder Kaur, Nardev Singh and Kaur Singh. Accused Nardev Singh has died during the pendency of the trial. Vide order of even date passed by learned Chief Judicial Magistrate,Mansa, petitioners were sentenced to undergo rigorous imprisonment for 2 ½ years and fine of Rs. 4000/- for offence under Section 326/149 IPC and were sentenced to undergo rigorous imprisonment for one year and fine of Rs, 2000/- each Crl. Revision No. 24 of 2001 {2} for offence under Section 324 IPC and sentenced to undergo rigorous imprisonment for three months and fine of Rs. 400/- each for offence under Section 323/149 IPC and were sentence to undergo rigorous imprisonment for one year and fine of Rs. 1000/- each for offence under Section 148 IPC. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Mansa vide judgment dated 21.12.2000. Hence, the present revision petition. The prosecution story, as noticed by learned appellate court in paras 2 and 3 of its judgment, is as under:- “2. The brief facts of the case as advanced by the prosecution are that on 28.9.93, one Ajmer Kaur wife of Ram Singh resident of V. Jhunir made a statement to the police that her husband Ram Singh is a shop-keeper at V. Pathrala Dabwali. About two months prior to the occurrence, the residential area, where she was residing was effected by floods and as such she went away to her sister's house at V. Jaimal Singh-wala. She stated that in her absence her neighbour Kaur Singh son of Mukand Singh resident of V. Jhunir demolished the joint wall of the two houses and they also forcibly occupied the house belonging to the complainant. For that, applications were given to the higher police officers. The complainant further stated that on 28.9.93, i.e. the date of occurrence, she along with her brother-in-law Gurbux Singh son of Sohan Singh resident of V. Jaimal Singh-wala and one Bukan Singh cousin of Gurbux Singh were returning from the house of Bhura Singh son of Pritam Singh mediator in this dispute. When they reached in Crl. Revision No. 24 of 2001 {3} front of their house, Sukhdev Singh armed with gandasa, Nardev Singh armed with Kasia, Angrej Singh armed with Khapra, Kaur Singh armed with dang and Rajinder Kaur with a brick were standing there in the compound of house. On seeing the complainant party, Kaur Singh raised a lalkara that the complainant party should not be spared and in the meanwhile Sukhdev Singh gave a gandasa blow to Gurbux Singh, which hit him on the right side of his head. Angrej singh gave a khapra blow to Bukan Singh, which hit on his head, Nardev Singh gave a kasia blow to Gurbux Singh, which hit on his left arm, Kaur Singh gave a dang blow to Bukan Singh, which hit on the right thigh of his leg. Angrez Singh gave another blow to Bukan Singh, which hit on his little finger. Nardev Singh gave another kasia blow to Gurbux Singh from its reverse side, which hit on the left hand of Gurbux Singh. Kaur Singh also gave dang blow to Gurbux Singh, which hit on the left leg on the front side. Rajinderj Kaur gave a brick blow to Ajmer Kaur, which hit on the left side of her head. On raising alarm, all the accused ran away from there. The complainant stated that the step sister of Ram Singh, Gurninder Kaur is missing for the last 2- 2/1/2 years and the accused party has got a doubt that there is hand of Ram Singh, husband of Ajmer Kaur, in missing that lady. 3. The injured were taken to civil hospital, Sardulgarh where they were admitted and their medical examination was conducted. The statement of Ajmer Kaur was recorded. A Crl. Revision No. 24 of 2001 {4} formal FIR was registered” During the course of arguments, learned counsel for the petitioners has not challenged the conviction of the petitioners under Sections 326/149, 324, 323/149, 148 IPC. Learned counsel for the petitioners has submitted that the incident in question relates to the year 1993 and the petitioners are facing criminal proceedings since then. The grievous injury on the person of Gurbax Singh was attributed to co accused Nardev who has died during the pendency of the trial. Learned counsel has submitted that the sentence qua imprisonment of the petitioners be reduced to already undergone by them. Keeping in view the submission made by learned counsel for the petitioners, it is a fit case where the sentence qua imprisonment of the petitioner is liable to be reduced to already undergone by them. Accordingly, the conviction of the petitioners under Sections 326/149, 324, 323/149 IPC is maintained. However, the sentence qua imprisonment is reduced to already undergone by them. Petition stands disposed of accordingly. (SABINA) JUDGE March 10, 2009 PARAMJIT