Crl.Rev.No.2156 of 2004 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.2156 of 2004 Date of Decision: 22 - 5 - 2009 Katar Singh @ Tara @ Kartar Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: None for the petitioner. Mr.Mehardeep Singh, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) No body had appeared for the petitioner on 6.5.2009 and no body is present today also. Katar Singh @ Tara and his wife Malkiat Kaur, aged 65 years were put to trial in case FIR No.52 dated 15.6.1999 registered at Police Station Ghall Khurd under Sections 324, 323/34 IPC. Allegations against the petitioners were that they caused simple hurts to Balwinder Kaur and Manjit Singh on 4.6.1999 at 9.00 A.M. in the area of village Bhangar. In the present case, ASI Thana Singh reached Civil Hospital, Ferozepur where Balwinder Kaur injured was present. She disclosed that her relatives are trying to effect an compromise, therefore, she opted not to give statement. Eleven days after the occurrence, on 15.6.1999 Balwinder Kaur had made statement that she resides in village Bhangar. Her husband had died. She has got two children, one daughter and one son, aged 15 years and 9 years Crl.Rev.No.2156 of 2004 [2] respectively. It is stated that on the day of occurrence on 4.6.1999 at 9.00 A.M., elder brother of her husband – petitioner No.1 and his wife came in front of her house and started giving abuses. The cause of dispute stated was sharing of manure pits. Katar Singh is said to have given a blow by sharp side of the Gandasa on the head of Manjit Singh, who fell down . When complainant came forward to rescue Manjit Singh, then Malkiat Kaur gave a blow of gandasa on her right elbow. Then Katar Singh gave a blow by gandasa on the right side of belly of the complainant. Manjit Singh also received injuries on the foot. Injured were taken to the hospital. The learned trial Court believing the witnesses, convicted and sentenced the petitioner as under:- Name and address Offence Sentence of the convict U/S Katar Singh @ Tara Singh @ 324 of I.P.C. Rigorous imprisonment Kartar Singh s/o Kheta Singh, for a period of one year r/o Vill. Bhangar and fine of Rs.300/-. In default of payment of fine further RI for two weeks. -do- 324/34 of IPC Rigorous imprisonment for a period of six months -do- 323 of I.P.C. Rigorous imprisonment for a period of six months. In default of payment of fine further R.I. for one week. Malkiat Kaur, wife and co-accused was ordered to be released on probtation and no appeal was filed by her. Accused-petitioner aggrieved against the order of the trial Court, filed an appeal. The Appellate Court upheld the conviction and sentence and dismissed the appeal. Crl.Rev.No.2156 of 2004 [3] I have perused the judgments of two Courts below. The Courts has placed reliance on testimony of PW-1 Balwinder Kaur and PW-5 Manjit Singh. The Courts have also noticed the injuries. Manjit Singh had suffered two injuries, whereas Balwinder Kaur had suffered three injuries. I have also perused the nature of injuries. Two Courts below have accepted the explanation given by Balwinder Kaur regarding the delay that an offer was made to resolve the dispute by arriving at a compromise. Petitioner No.1 is the elder brother of deceased-husband of Balwinder Kaur. The dispute being between close relations was sought to be resolved, therefore, explanation regarding delay has been accepted by two Courts below. At the time of occurrence both Katar Singh @ Tara @ Kartar Singh accused-petitioner and Malkiat Kaur accused were aged 65 years. Occurrence in the present case took place in the year 1999. Period of ten years is going to elapse. Petitioner had suffered a protracted trial. Taking into consideration the protracted trial and age of the petitioner, sentence awarded upon the petitioner can be adequately reduced. Petitioner was taken into custody on 8.10.2004 and his sentence was suspended on 7.1.2005. Thus, the petitioner had undergone three months of the actual sentence. Taking into consideration the age and the protracted trial, the sentence awarded upon the petitioner is reduced to the period already undergone. With this modification in the order of sentence, the petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) May 22, 2009. JUDGE RC