IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1944 of 2002 Date of decision: 31st March, 2010 Harinderpal Singh alias Ghol and others … Petitioners Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.S. Chahal, Advocate with Mr. Rajesh Gupta, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by Harinderpal Singh alias Ghol and Amrik Singh alias Mika sons of Jang Bahadur Singh and Malkit Singh alias Billa son of Ajaib Singh. They were tried in case FIR No.77 dated 23.09.1991 registered at Police Station Sudhar under Sections 325, 324, 427 and 323 IPC. The Court of Sub Divisional Judicial Magistrate, Jagraon held the petitioners guilty of an offence under Sections 325, 324, 323, 34 IPC. Amrik Singh alias Mika was sentenced under Section 325 IPC to undergo rigorous imprisonment for a period of one year and his co-accused Harinderpal Singh alias Ghol and Malkit Singh alias Billa were awarded a similar sentence with an aid of Section 34 IPC and to pay a fine of Rs.500/- each. All the three accused were further sentenced to undergo rigorous imprisonment for six months under Section 323 with an aid of Section 34 IPC. Harinderpal Singh and Malkit Singh Criminal Revision No. 1944 of 2002 were also sentenced under Section 324 IPC to undergo rigorous imprisonment for a period of nine months and their co-accused Amrik Singh for a similar sentence with an aid of Section 34 IPC. All the sentences were ordered to run concurrently. Aggrieved against the same, petitioners had filed an appeal. The same was dismissed, conviction of the petitioners was upheld and their sentence was maintained. In the present case, FIR Ex.PB/2 was registered on the basis of a statement Ex.PB made by Harbhinder Singh PW-3 to SI Dilawar Singh PW-7. Harbhinder Singh stated that on 19th September, 1991, he was going on his tractor to cultivate his land, which he had purchased from Joginder Singh. At about 6.15 p.m. when he reached near his land, the accused Harinderpal Singh alias Ghol armed with a Gandasa, Amrik Singh alias Mika armed with a Dang accompanied by Malkit Singh alias Billa armed with Gandasa, appeared there. All the accused with their weapons had hit the tractor. The complainant stopped the tractor and when he alighted from the same, Ghol gave a lalkara and all the accused gave him injuries. Father of the complainant, Surjit Singh PW-4 also came from the fields to rescue him but he was also caused injuries by the accused. Dr.G.S. Gill PW-9 had examined Harbhinder Singh complainant and found 13 injuries on his person. Except injuries No.8, 10 and 11, which were on the forehead of the complainant, all other injuries were on his hands and arms. Injury No.9 was only complaint of pain on the chest. There was no visible mark of that injury. Complainant Harbhinder Singh PW-3 had suffered a fracture of ring finger, due to which conviction under Section 325 IPC was recorded. The injuries suffered by Surjit Singh were simple in nature. The occurrence, in this case, had taken place in the year 1991. About 19 years have elapsed. The petitioners have suffered mental 2 Criminal Revision No. 1944 of 2002 pain and agony of a protracted trial. Counsel for the petitioners has further submitted that in the last 19 years, the petitioners have committed no such offence. This Court is of the opinion that taking into consideration long pendency of the litigation, an opportunity ought to be provided to the petitioners to reform themselves and lead a path of rectitude. Accordingly, the petitioners are ordered to be released on probation under Probation of Offenders Act, 1958 for a period of six months. They will furnish personal/surety bonds to the satisfaction of the trial Court with an undertaking to maintain peace, good conduct and behaviour during the period of probation. However, cost of litigation is assessed at Rs.10,000/- qua each petitioner. The petitioners will be called upon by the trial Court to furnish bonds and to deposit the cost. The amount of Rs.30,000/- so deposited by the petitioners, shall be disbursed to the injured Harbhinder Singh PW-3. In case the petitioners commit breach of any of the terms and conditions of the bonds, they will be called upon by the trial Court to undergo the sentence awarded. Non deposit of the amount of cost shall be construed as dismissal of the present revision petition and benefit of probation shall not accrue to the petitioners. With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE March 31, 2010 rps 3