Criminal Appeal No.1035-SB of 1999. -1- In the High Court of Punjab and Haryana at Chandigarh. Criminal Appeal No.1035-SB of 1999. Date of decision:27.5.2009. Jarnail Singh and others. ...Appellants. Versus State of Punjab. ...Respondent. ... Coram: Hon'ble Mr. Justice K. C. Puri. ... Present: Mr. R.N. Singla and Ms. Seema Bansal, Advocates for the appellants. Mr. K. S. Pannu, AAG Punjab. ... K. C. Puri, J. Judgment. Jarnail Singh, Karnail Singh and Kartar Singh accused were sent up to face trial for offences under Section 307,307/34 IPC. In the aftermath, Shri Inderjit Kaushik, the then Additional Sessions Judge, Patiala, convicted them. Karnail Singh was sentenced to undergo rigorous imprisonment for a period of seven Criminal Appeal No.1035-SB of 1999. -2- years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for further six months under Section 307 IPC. Jarnail Singh and Kartar Singh were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months each. The period during which they were in detention in connection with the present case has been ordered to be set off against the substantive sentence of imprisonment, imposed upon them. In snippety, the prosecution version is that the present case was registered on the statement of complainant Shera Singh. He stated in his statement that on 13.5.1992 at about 8.30 PM, he and his father were sitting on the cot in the compound of the house. Bhag Singh of their village came there. They were talking with each other. He also sat on the same cot with them. Electric bulb was on outside. At that time, accused Karnail Singh and Jarnail Singh came armed with Rifles which were given to them for the security of the villagers. Kartar Singh was armed with .12 bore gun. Kartar Singh told him to get ready and Karnail Singh fired Criminal Appeal No.1035-SB of 1999. -3- nine shots from his gun which hit in the abdomen of his father. Jarnail Singh fired a shot from his gun which hit on the left arm and left side of the head of Bhag Singh. Karnail Singh fired another shot which went over his head and he fell down. He went under the cot. Karnail Singh and Jarnail Singh kept on firing and Kartar Singh armed with Rifle kept on exhorting that no one should escape and thereafter all the accused ran away. The occurrence was witnessed by his mother Bhagwanti. The motive for the occurrence was that there was a dispute regarding the house and the case was decided by the Court in their favour. For that reason, the accused inflicted injuries upon them. Investigation, in the case, was conducted and after completion of the same, the accused were challaned. From the perusal of the documents and after hearing the learned State counsel and the accused, sufficient grounds were found for presuming that the accused have committed an offence in question. Accordingly, they were charge sheeted to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined PW-1 Dr. Yash Pal Mitra, PW-2 Dr. Satish Arora, PW-3 Harnek Criminal Appeal No.1035-SB of 1999. -4- Singh, PW-4 Shera Singh, PW-5 Dr. B.K.Goel, PW-6 Bhag Singh, PW-7 SI Rakesh Kumar, PW-8 ASI Sher Singh, PW-9 Constable Gurnam Singh, PW-10 Constable Harnek Singh, PW-11 Shekhar Sharma, PW-12 Satnam Singh and PW-13 Gurinder Singh. After the close of prosecution evidence, the statements of the accused were recorded under Section 313 Cr.P.C. They denied the prosecution allegations and pleaded innocence. Jarnail Singh accused took the following stand in his statement:- “The case is false. The PWs have deposed falsely against me due to enmity. Harnek Singh did not own any house in village Lalochhi. There was civil litigation pending between us and Harnek Singh at Sunam as well as at Samana. Harnek Singh want to take forcible possession of our house in village Lalochhi. During the days of occurrence, I was serving as gunman to Shri Charanjit Singh, resident of Bishan Nagar and used to remain with him for 24 hours. The Rifle of my brother Karnail Singh was taken into possession by the police much earlier than the date of occurrence. On the day of occurrence, I, my brother Karnail Singh and father Criminal Appeal No.1035-SB of 1999. -5- Kartar Singh were not present at our house. Harnek Singh accompanied by 20/30 persons armed with fire- arms and deadly weapons attacked our house in order to take forcible possession. The villagers mis-took them as terrorists and there was exchange of fire. Myself and my brother and my father were falsely implicated in the present case due to enmity with Harnek Singh and others.” The other accused took similar stand in their statements. In their defence, the accused examined DW-1 Charanjit Singh and DW2 Constable Dharam Pal. After the trial was over, the accused were convicted and sentenced, as noticed in the earlier part of the judgment. Feeling aggrieved against the said judgment, the accused have filed the present appeal. The learned counsel for the appellants has submitted that actual firing is attributed to Karnail Singh accused and he has been sentenced under Section 307 IPC. Said Karnail Singh has died. Otherwise also, he has undergone incarceration for a period of 2 years 6 months and 26 days, as per custody certificate. So, the appeal qua Karnail Singh stands abated. Criminal Appeal No.1035-SB of 1999. -6- So far as accused Kartar Singh and Jarnail Singh are concerned, although in the original version, firing has been attributed to them but the trial Court has held that Kartar Singh and Jarnail Singh have not fired nor any weapon of offence has been recovered from them. The trial Court has only held their presence at the time of occurrence and, on that count, they have been convicted under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of five years. Kartar Singh has languished in the jail for a period of 1 year 5 months and 1 day whereas Jarnail Singh has undergone incarceration for a period of 1 year, 6 months and 17 days. The occurrence relates to the year 1992 and the appellants have undergone protracted trial for the last 17 years. It has been further contended that the appellants are on bail since the year 2001. So, a prayer has been made for the reduction of sentence of Kartar Singh and Jarnail Singh, appellants. However, the counsel for the appellants has not assailed the finding of conviction against the appellants. So far as conviction recorded by the trial Court is concerned, the same has not been challenged, during the course of Criminal Appeal No.1035-SB of 1999. -7- arguments. Otherwise also, the evidence on the file given by the injured witnesses prove the prosecution case beyond reasonable. The ocular evidence is corroborated by the medical evidence. So, the conviction of all the appellants recorded by the trial Court stands confirmed. As per custody certificate, Karnail Singh has undergone incarceration for a period of 2 years 6 months and 26 days whereas Jarnail Singh has undergone incarceration for a period of 1 year, 6 months and 17 days. Kartar Singh has languished in the jail for about 1 year, 5months and 1 day. The occurrence relates to the year 1992 and since then the appellants are undergoing mental agony. So far as Karnail Singh accused is concerned, he is stated to have died. Otherwise also, he has undergone substantial period of custody prior to his death. Accused Jarnail Singh and Kartar Singh have also undergone about about 1/1-2 years of custody. The trial Court has given a clear finding that the prosecution has failed to prove that Jarnail Singh and Kartar Singh have actually fired and, on that count, they have been given less sentence than Karnail Singh, who has actually fired. So, keeping in view the totality of circumstances, the ends of justice would be met in case the sentence of imprisonment Criminal Appeal No.1035-SB of 1999. -8- of Jarnail Singh and Kartar Singh is reduced to the period already undergone by them. The sentence of fine stands confirmed. However, Jarnail Singh and Kartar Singh are directed to pay an amount of Rs.10,000/- each to the injured as compensation under Section 357 Cr.P.C. The said amount shall be deposited within a period of two months from today failing which the said two appellants shall undergo rigorous imprisonment for a period of one year each. This appeal is disposed of in the above terms. A copy of this judgment be sent to the learned trial Court for strict compliance. May 27,2009. ( K. C. Puri ) Jaggi Judge