Crl. Revision 310 of 2002 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Revision 310 of 2002 Date of Decision:April 18, 2009 Jagtar Singh and others ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Ms. Ramanjit Kaur,Advocate, for Mr. O.P.Kamboj, Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Petitioner were convicted for an offence under Sections 325/323/34 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 3.7.1999 by Sub Divisional Judicial Magistrate, Zira. Vide order of even date passed by learned Sub Divisional Judicial Magistrate, Zira, petitioners No. 1 and 3 were sentenced to undergo rigorous imprisonment for one year and fine of Rs. 200/- each for offence under Section 325/34 IPC, sentenced to undergo rigorous imprisonment for six months for offence under Section 323 IPC and sentenced to undergo Crl. Revision 310 of 2002 {2} rigorous imprisonment for six months for offence under Section 323/34 IPC. Petitioner No. 2 was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 200/- for offence under Section 325 IPC, sentenced to undergo rigorous imprisonment for six months for offence under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months under section 323/34 IPC. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Ferozepur vide judgment dated 29.1.2002. Hence, the present revision petition. Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 of its judgment, is as under:- “Brief facts of the case of the prosecution are that Suba Singh complainant was resident of village Kachar Bhan and was doing agriculture. About 6-7 months ago he had a fight with Jagtar Singh s/o Gurmej Singh and Bittu son of Tota but the matter was compromised with the intervention of village panchayat. Since that time Jagtar Singh etc. were having ill will towards him and they have been teasing him time and again but he was tolerating silently. On 10.10.1994 he was bringing fodder to the village. When he turned towards bus stand of Kachar Bhan then Jarnail Singh s/o Karam Singh and Jit Singh son of Harbans Singh were also going to village just ahead of complainant. It was about 6 P.M. at that time Jagtar Singh son of Gurmej Singh armed with gandasa, Kulwant Singh son of Niranjan Singh armed with gandasa and Bittu son of Tota armed with gandasa all residents of village Kachar Crl. Revision 310 of 2002 {3} Bhan came there from the house of Jagtar Singh. Jagtar Singh raised a lalkara that Suba Singh be not spared on that day; upon which Kulwant Singh alias Billu inflicted for gandasa blows from its reverse side on him which struck on back side of right shoulder etc. Jagtar Singh also inflicted five gandasa blows on his person from the reverse side of gandasa which struck on his left arm and shoulder, etc. Bittu inflicted three gandasa blows from the reverse side which struck on his left leg, left knee. Again Jagtar Singh inflicted four gandasa blows from the reverse side which struck on his right knee, left shoulder and right foot. He raised hue and cry which attracted Jarnail Singh and Jit Singh who were going just ahead of him and they saved him from the accused. They took him to the village. He was got admitted in civil hospital by his brother. The motive for commission of an offence was that fight had taken place between the complainant Suba Singh and the accused party about 6-7 months ago. All the accused inflicted injuries upon the person of complainant/injured in pursuance of their common intention. After the receipt of M.L.R. No. CS-82/94 pertaining to Suba Singh complainant and after recording the statement of complainant Suba Singh it was observed that an offence punishable u/s 323/34 IPC only was committed which was non cognizable so under those circumstances D.D.R. was entered with regard to the occurrence. A few injuries were kept under observation by the doctor and after X-ray examination injury No. 1 was declared as grievous and the offence Crl. Revision 310 of 2002 {4} punishable u/s 325 IPC was added and after that a formal case bearing FIR 150 dated 13.10.1994 u/ss 325/323 IPC was registered against the accused. Accused were arrested in this case. Spot inspection was conducted, site plan was prepared, weapon of offence were recovered and after completion of investigation, challan against the accused was prepared and presented in the Court.” Learned counsel for the petitioners during the course of arguments has not challenged the conviction of the petitioner under Section 325/323/34 IPC as ordered by the courts below. Learned counsel has submitted that the sentence of imprisonment of the petitioners be reduced to already undergone by them as the petitioners have undergone actual sentence of about two months. Petitioners are not previous convict and are facing criminal proceedings since the year 1994. Keeping in view the submissions made by learned counsel for the petitioners, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioners. Accordingly, conviction of the petitioners under Sections 325/323/34 IPC is maintained. However, sentence of imprisonment of the petitioners is reduced to already undergone by them. Petition stands disposed of accordingly. (SABINA) JUDGE April 18, 2009 PARAMJIT