Crl.Revision No.281 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.Rev.No.281 of 2010 Date of decision: 20.5.2011 Joginder Singh and others ... Petitioners versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.Karanjit Singh, Advocate, for the petitioners. Mr.P.S.Grewal, AAG, Punjab. ... JORA SINGH, J. Joginder Singh and others filed this revision to challenge the judgment dated 14.1.2010 passed by Additional Sessions Judge (FTC), Amritsar, whereby appeal against the judgment and other dated 26.11.2008 by JMIC, Amritsar, in FIR No.18 dated 19.1.2002 under Sections 326/34 IPC, PS Kathu Nangal, Amritsar, was dismissed. When notice of motion was issued on 3.2.2010, then learned counsel for the petitioners stated that revision on behalf of petitioners No.1, 3 and 4 is not pressed. In view of the statement of learned counsel for the petitioners, revision qua petitioners No.1, 3 and 4 was dismissed as not pressed. Story, in brief, is that FIR No.18 dated 19.1.2002 was registered against four accused, including the petitioners, on the allegation that on 14.1.2002 at about 3.00 PM, they had caused injuries to Dharminder Singh, complainant. Dharminder Singh was medico legally examined and following injury was noticed on his person:- “1. An incised wound `L' shape one side is 4x1 cm and other Crl.Revision No.281 of 2010 2 side is 4.5x1 cm, swelling and clotted blood were present situated small arm on middle of the head and long arm from middle to lateral side of the head. Small arm starts anterior posterily 2 cm from the hair line.” After completion of investigation, challan was presented in Court. Petitioner was charged under Sections 326/34 IPC. He pleaded not guilty and claimed trial. Prosecution examined four witnesses. After close of the prosecution evidence, statement of petitioner was recorded under Section 313 Cr.P.C. He denied all the prosecution allegations and pleaded to be innocent. After hearing learned PP for the State, learned counsel for the petitioner and from the perusal of evidence on file, petitioner Raghbir Singh @ Bira including Joginder Singh, Shamsher Singh @ Shera and Kuldip Singh was convicted under Sections 326/34 IPC and directed to undergo RI for two years and to pay a fine of Rs.2,000/-, in default of payment of fine, to further undergo RI for four months. Learned counsel for the petitioner argued that petitioner had only raised lalkara. Only one injury was caused to the complainant attributed to Joginder Singh. Petitioner is 56 years' old. He is the first offender. He has already undergone about 3 months and 26 days and is ready to pay compensation to the LRs of the injured, who had died during trial. Learned State counsel argued that revision on behalf of petitioners No.1, 3 and 4 was got dismissed as withdrawn but under Crl.Revision No.281 of 2010 3 Sections 326/34 IPC, petitioner is liable to undergo imprisonment as ordered by the trial Court. Undisputedly, FIR No.18 dated 19.1.2002 was registered against four persons, namely, Raghbir Singh @ Bira, Joginder Singh, Shamsher Singh @ Shera, and Kuldip Singh, but Raghbir Singh @ Bira has only raised lalkara. One injury was caused to the complainant by Joginder Singh. Injury was found to be grievous in nature, but revision on behalf of main accused was got dismissed as withdrawn at the time of notice of motion. Petitioner is 56 years' old. He belongs to poor family. Petitioner is the first offender. Occurrence pertains to the month of January, 2002. Only lalkara was attributed to the petitioner. Keeping in view the nature of offence and antecedents of the petitioner, I take lenient view and direct the petitioner to undergo imprisonment already undergone (3 months and 26 days) with further direction to deposit Rs.15,000/- as fine payable to the widow of the deceased and in the absence of widow, to the sons/daughters of the deceased as compensation, within two months before the trial Court. For the reasons recorded above, revision without merit is dismissed with modification on the point of sentence. 20.5.2011 ( JORA SINGH ) pk JUDGE