Criminal Revision No. 185 of 1993 1 In the High Court of Punjab and Haryana, at Chandigarh. 1. Criminal Revision No. 185 of 1993 Date of Decision: 26.2.2008 Charan Singh …Petitioner Versus State of Punjab …Respondent AND 2. Criminal Revision No. 233 of 1993 Balwant Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: None for the petitioner (in Criminal Revision No. 185 of 1993) Mr. J.S.Chahal, Advocate for the petitioner (in Criminal Revision No. 233 of 1993) Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State Criminal Revision No. 185 of 1993 2 Kanwaljit Singh Ahluwalia, J. By this common judgment, two criminal revisions bearing Nos. 185 of 1993 preferred by Charan Singh son of Ujaggar Singh and 233 of 1993 preferred by Balwant Singh son of Ujaggar Singh will be decided. Along with petitioners, Davinder Singh, and Jaspal Singh sons of Charan Singh, Avtar Singh and Baldev Singh sons of Balwant Singh were also tried in case FIR No. 335 dated 10.12.1987 registered at Police Station Ajnala under Sections 148, 326, 323, 149 IPC. An FIR was lodged at the instance of Parshotam Singh who has stated that he is resident of village Dhaliwal Kaler and doing agricultural work. They are three brothers and had been cultivating the land. About ten years ago 6 kanals and 7 marls of land, which was mortgaged, they had purchased the same from Tarlok Singh. In this land they had sown barsin crop. It is stated that on 10.12.1987 at about 11.00 A.M. Parshotam Singh and his father Pal Singh were irrigating the land then accused Balwant Singh armed with kirpan, Charan Singh son of Ujaggar Singh armed with kirpan, Devinder Singh, Jaspal Singh, Baldev Singh and Avtar Singh armed with dang came there. Charan Singh raised lalkara that they be caught hold and for forcibly irrigating the land, they should be taught lesson. It is stated that Charan Singh gave a kirpan blow, which hit on the little finger of left hand of Parshotam Singh and finger was severed. When his father Pal Singh stepped forward to rescue him then Balwant Singh gave kirpan blow, which hit on his head and he fell down. Then Devinder Singh, Jaspal Singh, Avtar Singh and Baldev Singh gave dang blows to Pal Singh, which hit on his back and left arm. On the raising of noise, Devinder Criminal Revision No. 185 of 1993 3 Singh, Jaspal Singh, Baldev Singh and Avtar Singh gave dang blows to Parshotam Singh, which hit on his back and right wrist. On alarm raised Karnail Singh and Manjit Singh were attracted to the spot. Accused party decamped from the spot along with their weapons. Statement of Parshotam Singh Ex.PA was recorded by Assistant Kewal Singh on 11.12.1987 at 5.45 P.M. at Police Station Ajnala on the basis of which FIR Ex.PA/2 was recorded. Learned Judicial Magistrate Ist Class, Ajnala, charged the petitioners on 8.6.1988. All the accused were charge sheeted under Section 148 IPC. Charan Singh was substantively charge sheeted under Section 326 IPC for causing grievous hurt to Parshotam Singh and others were charged with the aid of Section 149 IPC. Balwant Singh was substantively charged under Section 326 IPC for causing grievous injuries to Pal Singh and others were charged with the aid of Section 149 IPC. Devinder Singh, Avtar Singh, Jaspal Singh and Baldev Singh were substantively charged under Section 323 IPC for causing simple injury to Parshotam Singh, whereas Balwant Singh and Avtar, whereas Charan Singh was charged with the aid of Section 149 IPC. Devinder Singh, Avtar Singh, Jaspal Singh and Baldev Singh were substantively charged under Section 323 IPC for causing simple injury to Pal Singh, whereas Balwant Singh was charged with the aid of Section 149 IPC. The accused pleaded not guilty and claimed trial. Prosecution examined Parshotam Singh as PW.1. He reiterated the version set out by him in the FIR. Pal Singh corroborated his version and appeared as PW.2. Dr. Ashok Kumar, PW.4, examined Parshotam Singh on Criminal Revision No. 185 of 1993 4 10.12.1987 and following injuries were found on his person:- “1. Incised wound 3 cm X 1 cm X bone deep over the palmer aspect of little finger left hand at the proximal interphalangal joint. The flaxer tendon were cut. The proximal interphalangeal joint was dislocated. The patient could not move the little finger distal to the injury. There was present bleeding from the wound; 2. Laceration 2.5 cm X 1.5 cm on the lateral aspect of right forearm lower half; 3. Abrasion 12 cm X 8 cm on the back of lumber region left side; 4. Liner abrasion 5 cm on the back of chest left side, lower half; AND 5. Liner abrasion 4 cm X 1 cm on the back of chest right side lower half”. Injury No.1 was declared grievous. Pal Singh was also examined on 10.12.1987 at 1.40 P.M. by Dr. Ashok Kumar, PW.4, who found following injuries on his person:- “1. Incised wound 6 cm X 1.5 cm X bone deep over the left tempro parietal region the wound was obliquely placed. There was present bleeding from the wound. The underlying bone was partially cut; 2. Red contusion 16 cm X 4 cm on the right Criminal Revision No. 185 of 1993 5 scapular region extending to lateral portion of chest, obliquely placed; 3. Red contusion 8 cm X 2.5 cm on the right scapular region medial to injury No.2, obliquely placed; 4. Liner abrasion 5 cm on the posterior aspect of left forearm, 12 cm below elbow joint; AND 5. Laceration 2 cm X 1 cm on the medial side of middle finger, left hand”. Learned trial Court held that PW.1 Parshotam Singh and PW.2 Pal Singh were injured and their testimony is reliable. Learned trial Court found all the accused were found to be guilty of offences and sentenced them as under:- “All the accused were sentenced to undergo rigorous imprisonment under Section 148 IPC. Accused Charan Singh was sentenced under Section 326 IPC for causing grievous injury to undergo rigorous imprisonment for one and a half year and to pay a fine of Rs.500/-, in default whereof to undergo rigorous imprisonment for four months, whereas others were sentenced under Section 326 read with Section 149 IPC to undergo rigorous imprisonment for one and a half years and a fine of Rs.500/- each, in default whereof to further undergo Criminal Revision No. 185 of 1993 6 rigorous imprisonment for four months. Accused Balwant Singh was sentenced under Section 326 IPC for causing grievous injury to Pal Singh to undergo rigorous imprisonment for one and a half years and a fine of Rs.500/-, in default whereof to further undergo rigorous imprisonment for four months, whereas accused Charan Singh, Devinder Singh, Jaspal Singh, Avtar Singh and Baldev Singh were sentenced under Section 326 read with Section 149 IPC to undergo rigorous imprisonment for one and a half years and a fine of Rs.500/- each, in default whereof to further undergo rigorous imprisonment for four months. Accused Devinder Singh, Jaspal Singh, Avtar Singh and Baldev Singh were sentenced under Section 323 IPC for causing simple injuries to Parshotam Singh to undergo rigorous imprisonment for nine months, whereas accused Charan Singh and Balwant Singh were sentenced under Section 323 read with Section 149 IPC to undergo rigorous imprisonment for nine months. Accused Devinder Singh, Jaspal Singh, Avtar Singh and Baldev Singh were further sentenced under Section 323 IPC for causing simple injuries to Pal Singh to undergo rigorous imprisonment for nine months, whereas accused Criminal Revision No. 185 of 1993 7 Charan Singh and Balwant Singh were sentenced under Section 323 read with Section 149 IPC to undergo rigorous imprisonment for nine months”. Two appeals were preferred, one by the family of Balwant Singh and other by the family of Charan Singh. Both the appeals were decided by the Court of learned Additional Sessions Judge, Amritsar. Deveinder Singh, Jaspal Singh, Avtar Singh and Baldev Singh were acquitted but appeal of Charan Singh and Balwant Singh was dismissed. Mr. J.S.Chahal, Advocate, appearing for the petitioners has stated that Charan Singh was taken into custody on 11.3.1993 and was released by this Court on 8.4.1993. He furnished bail bonds after a few days. According to the learned counsel, he has undergone for about one month of his actual sentence, whereas Balwant Singh has undergone more than one month as he was granted bail on 19.4.1993. Mr. Chahal appearing for the petitioner has been unable to assail the findings of two Courts below. Since Parshotam Singh PW.1 and Pal Singh PW.2, both were injured and had suffered grievous injuries, they being injured are the last persons to falsely implicate anybody. Both the Courts below have found their testimony to be trustworthy. Mr. Chahal has very fairly conceded that he will not be in a position to assail conviction of the petitioners. However, in the alternative he has submitted that occurrence in the present case took place on December 1987. More than 20 years are going to lapse. Petitioners have suffered protracted trial. They have been in corridors of the Courts and to send them behind the bars after 20 years will defeat Criminal Revision No. 185 of 1993 8 right of speedy trial, which vests in them under Article 21 of the Constitution of India. It has been further stated that petitioners have committed no other offence in the last 20 years. Mr. Chahal has further relied upon the statements of accused Cahran Singh and Balwant Singh recorded under Section 313 Cr.P.C., wherein age of Cahran Singh was recorded as 50 years and age of Balwant Singh was recorded as 60 years. According to learned counsel, Charan Singh is now aged about 70 years and Balwant Singh is now aged about 80 years. Taking into consideration protracted trial, antecedents of accused and their very old age, ends of justice will be met in case their sentence is reduced to already undergone. However, sentence of fine is enhance to Rs.10,000/- qua each accused i.e. Charan Singh and Balwant Singh, which shall be deposited in the Court within three months. Non-payment of fine by the petitioners shall be considered as dismissal of present revision petition. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 26, 2008 “DK”