Crl. Rev. No.1859 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1859 of 2008 Date of Decision: 8 - 3 - 2010 Gaya Prashad and others .....Petitioners v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: None for the petitioners. Mr.Manish Deswal, DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition has been preferred by Gaya Prashad, Ganga Prashad sons of Ram Gupta and Shambhu Nath son of Ram Bali. They were tried in case FIR No.35 dated 2.3.1999 registered at Police Station Mujessar under Sections 325/34/506 IPC. The Court of Judicial Magistrate Ist Class, Faridabad held all the petitioners guilty for offence under Section 325 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- each. In default of payment of fine, they were further ordered to undergo rigorous imprisonment for one month. The fine was paid. The trial Court had acquitted the petitioners for offence under Section 506 IPC. Aggrieved against the same, the petitioners had filed an appeal. The lower Appellate Court upheld the conviction but reduced the sentence Crl. Rev. No.1859 of 2008 [2] under Section 325 read with Section 34 IPC from two years rigorous imprisonment to one year rigorous imprisonment. However, the sentence of fine was upheld. In the present case, FIR was registered on the basis of statement made by Manju PW3 to SI Ramesh Chand PW8. She stated that her husband Shyam Singh was a Taxi driver. They had got two children, one son and one daughter. On 2.3.1999 at 4.30 P.M., they were standing out side their house for going to Baba Mohan Ram's Mandir. At that time, Gaya Prashad and Ganga Prashad who were residents of the Colony along with Shambhu Nath Paan Wala, having a Paan shop in the chowk near the house of the complainant came there. Gaya Prashad and Ganga Prashad were armed with lathies and Shambhu Nath was armed with a Saria. They were accompanied by 15/16 unknown persons having lathies, dandas and sarias. Gaya Prashad gave one lathi blow on the left hand. Ganga Prashad gave a lathi blow on the left hand. Shambhu Nath gave one Saria blow on the head of her husband Shyam Singh. Gaya Prashad gave another lathi blow on the fingers of the left hand of Shyam Singh. Gaya Parshad again gave a lathi blow on his head. Shyam Singh fell down on the ground. At that time, other persons who were not named in the FIR, also caused injuries with their respective weapons to Shyam Singh. On the noise raised by the complainant, Amrit Singh son of Bodan Singh and Budh Ram son of Sukan Balmiki were attracted at the spot. They rescued the husband of the complainant. The accused left the spot by saying that today they had left the injured alive but in future they will liquidate him. The cause of grudge stated was that a few days ago, Ganga Parshad had beaten a boy of the colony and the matter was got settled due to intervention of Shyam Singh, Crl. Rev. No.1859 of 2008 [3] husband of the complainant. Due to this grudge, injuries were caused to Shyam Singh. Shyam Singh was brought to Escort Hospital, Faridabad. On the basis of above said statement, FIR Ex.PW4/A was recorded. PW1 Dr.Rajiv Nayyar on 2.3.1999 had examined Shyam Singh and found the following injuries on his person:- 1. Lacerated wound about 3 inch over occipital region with active bleeding. 2. Bleeding both nostrils. 3. Swelling with lacerated wound about 2 inch over left elbow joint. 4. Swelling with tenderness left forearm. 5. Swelling with lacerated wound over right thumb about 1½ inch. On the same day, PW2 Dr.Abha Jyoti Parasher had radiologically examined Shyam Singh and found fractures on proximal end of left ulna and distal shaft of right ulna. Complainant Manju appeared as PW3 and reiterated as to what was recorded in the FIR. Shyam Singh injured appeared as PW5. ASI Jai Kishan PW4 proved the registration of formal FIR. PW6 Deepa daughter of Shyam Singh stated that her father Shyam Singh was caused injuries by 3-4 persons. Thereafter, the prosecution closed its evidence. Statements of the accused were recorded under Section 313 Cr.P.C. They denied all incriminating circumstances put to them. No witness was examined in defence. I have perused the deposition of Manju PW3 and Shyam Singh Crl. Rev. No.1859 of 2008 [4] PW5. Both the Courts below have rightly held that their testimonies inspire confidence and they are the reliable witnesses. No reason is forthcoming from the record to differ with the well reasoned findings recorded by both the Courts below. At the same time, this Court cannot become oblivious of the fact that Shyam Singh had suffered four injuries and fractures on left and right ulnas. The occurrence in the present case had taken place in March, 1999. About 11 years are going to elapse. Petitioners had suffered a protracted trial. In the order of admission of appeal, it was noticed that the petitioners had already undergone about four months and 11 days actual sentence out of one year sentence awarded by the trial Court. Taking into consideration the fact that the petitioners had suffered mental pain and agony of protracted trial, the sentence awarded to the petitioners is reduced to the period already undergone by them. However, the sentence of fine is enhanced to Rs.10,000/- qua each accused. The amount of Rs.30,000/- shall be disbursed to injured Shyam Singh PW5. The trial Court shall call upon the petitioners to deposit the amount of fine. In case the amount of fine is not deposited within three months from the date of receipt of notice from the trial Court, no benefit in reduction of sentence shall accrue to the petitioners. With the aforesaid observations, the present revision petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) March 8, 2010. JUDGE RC