Criminal Appeal No.794-SB of 1998 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.794-SB of 1998 Date of decision : 5.9.2008 Gurmail Singh and others .....Appellants Versus The State of Punjab ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: M3. Sachin Sharma, Advocate for the appellants. Mr. Manjari Nehru, Deputy Advocate General, Punjab for respondent-State. S. D. ANAND, J. The appellants (and two others) were convicted by the then learned Additional Sessions Judge, Barnala for an offence under Section 392 IPC. The appellants, though tried for the offences under Sections 307, 149, 377 read with Section 411 IPC, were acquitted of that charge. The prosecution plea, in the statements of PW-1 Niranjan Singh, PW-3 Jang Singh and PW-5 Megh Singh, was that the appellants committed impugned robbery. PW-4 Beli Ram did not support the prosecution plea. While upholding the prosecution presentation, learned Trial Judge sentenced the appellants to undergo rigorous Criminal Appeal No.794-SB of 1998 -2- *** imprisonment for a period of two years each. Others convicted for that very offence were ordered to be released on probation of good conduct in view of their young age. At the time of arguments, learned counsel appearing on behalf of the appellants informs that he does press the appeal on merits in view of the fact that he would find it difficult to argue in favour of invalidation of the prosecution presentation in the statements of PW-1 Niranjan Singh, PW-3 Jang Singh and PW-5 Megh Singh. Even otherwise, I find that the statements made by PW-1 Niranjan Singh, PW-3 Jang Singh and PW-5 Megh Singh are clear, clinching and unambiguous in the matter of proof of the prosecution allegations and there also is no averment that they were inimical by inclined towards the appellants or they had any other score to settle with them on account of which they may have been inclined to frame them in this case. In the light of the facts noticed above, the appeal is held to be devoid of merit and is ordered to be dismissed. However, in view of the fact that the appellants faced the ordeal of trial for about four years and this appeal has been pending for the last about ten years, the interest of justice would be served if the sentence awarded to appellants is reduced to rigorous imprisonment for one year and it is so ordered accordingly. September 05, 2008 (S. D. ANAND) Pka JUDGE Criminal Appeal No.794-SB of 1998 -3- ***