Crl. Revision No.1708 of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Revision No.1708 of 2002 Decided on 17.3.2009. Siri Ram and others Versus The State of Punjab Present :- Mr. S.K.Jain, Advocate for the petitioners. Ms. Naveen Malik, Addl.A.G, Haryana. L.N.MITTAL,J (Oral) Siri Ram, his son Sat Narain and brother Ravi Dutt and the latter's son Rajinder have preferred this revision petition. They along with Sadhu Ram were convicted by Sub Divisional Judicial Magistrate, Jind vide judgment dated 8.3.2001 under Sections 148,323,324,325 and 452 of the Indian Penal Code (in short – IPC). Sadhu Ram was ordered to be released on probation whereas the present four petitioners were sentenced as under vide order dated 9.3.2001 :- Under Section To undergo imprisonment To pay a fine In default of payment of fine to further undergo imprisonment 148 IPC S.I. for six months -- -- 323/149 IPC S.I. for six months -- -- 324/149 IPC S.I. for one year -- -- 325/149 IPC R.I. for two years Rs.500/- S.I. for two months. 452/149 IPC R.I. For two years Rs.500/- S.I.for two months. All the substantive sentences to run concurrently. Appeal preferred by all the five convicts was dismissed by Crl. Revision No.1708 of 2002 2 learned Additional Sessions Judge, Jind vide judgment dated 14.8.2002. Feeling aggrieved, this revision petition has been preferred by the four petitioners and not by Sadhu Ram, who was released on probation. According to the prosecution version, on 19.5.1992 at about 8.30 p.m., all the five accused armed with jelis, lathies and gandasas trespassed into the house of complainant Banarsi Dass and caused injuries to Banarsi Dass, his daughter-in-law Santro, younger brother Bishan Dutt and Raj Kumar. On medico legal examination, various injuries were found on their persons. On x-ray examination, fracture right ulna of Banarsi and fracture left radius of Bishan Dutt were found. After necessary investigation, all the five accused were sent for trial. Charge under sections under Sections 148,452,326,324,325 and 323 read with Section 149 IPC was framed against the accused. They pleaded not guilty and claimed trial. Injured Banarsi (PW-2), Santro (PW-3) and Bishan Dutt (PW- 4) have broadly stated according to the prosecution version. Dr.G.D.Gupta (PW-1) stated about radiological examination of the injured persons whereas Dr.Dhan Kumar (PW-6) stated about medico legal examination of the injured persons. The accused in their statements under Section 313 of the Code of Criminal Procedure (in short – Cr.P.C.) denied all the incriminating circumstances appearing against them in the prosecution evidence. In defence, the accused examined Kanta (DW-1), who is wife of Siri Ram-petitioner. She stated that the complainant party had caused injuries to them. Crl. Revision No.1708 of 2002 3 I have heard learned counsel for the parties and perused the case file with their assistance. Learned counsel for the petitioners states that he does not challenge the conviction of the petitioners but prays that their sentence be reduced to the period already undergone by them in custody. It has been pointed out that occurrence took place almost 17 years ago. The petitioners were acquitted of the charge under Section 326 IPC and have been convicted for offences which are not so grave. The prayer has been opposed by learned State counsel. As regards conviction, there is sufficient evidence of the prosecution, as three injured witnesses have made statements, which are corroborated by medical evidence. Perusal of custody certificates, filed today in Court by learned State counsel, reveals that petitioners Rajinder and Ravi Dutt have remained in custody for two months and ten days each, petitioner-Sat Narain for two months and five days and petitioner Siri Ram for two months and fifteen days. The grievous hurt was not on vital part as the same was on right forearm of Banarsi and left forearm of Bishan Dutt. The occurrence took place almost 17 years ago. The parties are residents of the same village. Keeping in view all the aforesaid circumstances, it would not be in the interest of justice to send the petitioners again behind the bar after lapse of such a long period. However, they have to be directed to pay some compensation to the injured. In view of the aforesaid, sentence of imprisonment awarded to Crl. Revision No.1708 of 2002 4 the petitioners is reduced to the aforesaid periods already undergone by them in custody, while at the same time directing them to pay Rs.5000/- each as compensation. The compensation amount shall be deposited with the trial Magistrate within two months from today, failing which the revision petition shall be deemed to have been dismissed. The compensation amount shall be payable equally to Banarsi Dass and Bishan Dutt injured persons only because both of them only suffered grievous injuries. On deposit of compensation amount, the trial Magistrate shall issue notice to the said injured- persons and shall pay the compensation amount to them. With modification in sentence, as aforesaid, the instant revision petition stands disposed of accordingly. ( L.N. MITTAL ) JUDGE March 17, 2009 sv