Crl. Rev. No.1133 of 2004 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1133 of 2004 Date of Decision: 15 - 2 - 2010 Jarnail Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Mohd. Yousaf, Advocate for Mr.G.M.Umair, Advocate for the petitioner. Mr.Mehardeep Singh, DAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Jarnail Singh was named as accused in case FIR No.496 dated 22.12.2000 registered at Police Station Kotwali, Sangrur under Sections 323/324 IPC. In the present case, Karnail Singh had made a statement on the basis of which FIR was registered. Karnail Singh complainant, Harjit Singh and present accused are three brothers. Karnail Singh and Harjit Singh used to reside with their parents, whereas present accused-petitioner used to reside separately. On 20.12.2000 at about 8.30 P.M., accused came to the house of his parents, started abusing them and demanded share in the Crl. Rev. No.1133 of 2004 [2] residential house. Complainant Karnail Singh restrained him from doing so. Accused, who was an Amritdhari Sikh, took out a Kirpan from the Gatra and gave a blow on the left side of stomach and two blows given on the left arm. Complainant fell down. He gave another Kirpan blow on the sole of right foot. On a noise raised by the complainant, his wife Sarabjit Kaur and Harjeet Kaur sister-in-law were attracted at the spot. Accused gave Kirpan blows to them also. Thereafter, accused ran away from the spot. Karnail Singh suffered four simple injuries. I have perused the dimension of the injuries. Injury No.1 suffered by Karnail Singh was 4 cm x 2cm x 3cm on the right axilla. Injury No.2 was 2 cm x ½ cm on the lateral aspect of left elbow. Injury No.3 was also on the left elbow and injury No.4 was on right foot. Sarabjit Kaur wife of the complainant also suffered three injuries which were on the right hand. Injuries No.1 and 2 were on the right hand and injury No.3 was on right renal area. Hardeep Kaur suffered an injury of 3 cm x ½ cm on the front of left side of abdomen. Even though the dimension of the injuries is not more than 4 cm x 2cm, the trial Court found that no offence under Section 323 IPC was made out against the accused. However, the accused-petitioner was convicted and sentenced under Section 324 IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default of payment of fine to undergo further rigorous imprisonment for two months. Aggrieved against the same, the petitioner filed an appeal. The Appellate Court while dismissing the appeal maintained the conviction and upheld the sentence. Mr.Mohd. Yousaf, counsel appearing for the petitioner has Crl. Rev. No.1133 of 2004 [3] stated that fight had taken place among the family members. Injured and accused are brothers. Sarabjit Kaur is wife of complainant Karnail Singh. The dispute had taken place over the partition of residential house. In the present case, occurrence had taken place on 20.12.2000. More than nine years have already elapsed. Counsel for the petitioner has submitted that before and after the occurrence, petitioner has not committed any offence. It is further submitted that petitioner was posted as Assistant Lineman in Punjab State Electricity Board and in case the petitioner is sent behind the bars at this stage, he will lose his job and it will cause a great hardship to his family. It is further submitted that petitioner has undergone 2 months 22 days of his actual sentence out of the sentence awarded to him. Taking all these factors into consideration, this Court is of the view that an opportunity can be granted to the petitioner to mend his ways and reform himself and rehabilitate in the society. Thus, he is ordered to be released on probation for a period of one year. Petitioner shall furnish bonds/surety bonds to this effect to the satisfaction of trial Court. Petitioner shall undertake to maintain peace and be of good behaviour during the period of probation. In case petitioner commits breach of any of the terms and conditions of the bond/surety bond, the trial Court shall call upon him to serve the sentence. However, the cost of litigation is determined as Rs.30,000/-. The amount of cost, so deposited, shall be disbursed equally to Karnail Singh, Sarabjit Kaur and Hardeep Kaur injured. With the aforesaid observations, the present revision petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) February 15, 2010. JUDGE RC