Criminal Revision No. 676 of 1997 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 676 of 1997 Date of Decision: 4.3.2009 Mehar Singh & Others …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. M.S. Joshi, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Mehar Singh, Banta Singh, Hartej Singh alias Laddu Singh and Gurtej Singh were convicted and sentenced by the Court of Judicial Magistrate Ist Class, Sunam. Petitioner Mehar Singh was sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/-, in default whereof to further undergo rigorous imprisonment for two months under Section 326 IPC. He was also sentenced to undergo rigorous imprisonment for one year under Section 324 read with Section 34 IPC and rigorous imprisonment for six months rigorous imprisonment under Section 323 read with Section 34 IPC. Petitioner Bant Singh was sentenced to undergo rigorous Criminal Revision No. 676 of 1997 2 imprisonment for two years and a fine of Rs.500/- in default whereof to undergo rigorous imprisonment for two months under Section 326 read with Section 34 IPC. He was also sentenced to undergo rigorous imprisonment for one year under Section 324 read with Section 34 IPC and six months rigorous imprisonment under Section 323 read with Section 34 IPC. Petitioner Hartej Singh was sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/- in default whereof to undergo rigorous imprisonment for two months under Section 326 read with Section 34 IPC. He was also sentenced to undergo rigorous imprisonment for one year under Section 324 IPC and six months rigorous imprisonment under Section 323 read with Section 34 IPC. Petitioner Gurtej Singh was sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/- in default whereof to undergo rigorous imprisonment for two months under Section 326 read with Section 34 IPC. He was also sentenced to undergo rigorous imprisonment for one year under Section 324 read with Section 34 IPC and six months rigorous imprisonment under Section 323 IPC. Aggrieved against their conviction and sentence, petitioners had approached the Court of Additional Sessions Judge, Sangrur, by filing an appeal. The Appellate Court found no merit in the appeal and the same was dismissed. The conviction and sentence awarded upon the petitioners was maintained. In the present case, FIR was lodged on the statement of Gurcharan Singh. He has stated that on 11.3.1992 at about 8.30 P.M. Criminal Revision No. 676 of 1997 3 he was standing in front of his house. Accused armed with gandasi and dangs reached there. Mehar Singh gave a gandasi blow in his head. As a result thereof, he fell down on the ground. He was dragged towards the small bridge. Then Ladoo Singh accused gave a gandasi blow which hit on the right side of the complainant. Dang blows were caused by Gurtej Singh. Lalkara was raised by Banta Singh son of Deva Singh. The FIR was recorded on the basis of statement made by Gurcharan Singh to the Investigating Officer of the case. The statement has been exhibited as Ex.PW.3/A. The Courts below had relied upon the testimony of PW.3 Gurcharan Singh, injured-eye witness and PW.6 Bant Singh. The two Courts below held that no blemish can be found with the testimony of these witnesses. Mr. Joshi appearing for the petitioners at the outset stated that he will not be able to assail the conviction of petitioners. However, it has been submitted that in the present case, occurrence took place in the year 1992. The petitioners have already suffered a protracted trial of more than 17 years. Petitioners are not previous convict and they have also committed no offence during the pendency of the revision petition. Counsel for the petitioners prays that taking into consideration these facts, sentence of the petitioners may be reduced to already undergone. It has been submitted that petitioners have already undergone two months and 11 days of their actual sentence. It was stated that the petitioners are ready and willing to compensate the injured Gurcharan Singh. Mr. Mehardeep Singh, learned Assistant Advocate General, Criminal Revision No. 676 of 1997 4 Punjab, has not seriously opposed the alternative prayer made by counsel for the petitioners. I find merit in the submissions made by counsel for the petitioners. Accordingly, sentence awarded upon the petitioners is reduced to already undergone. However, sentence of fine is enhanced to Rs.20,000/- qua each accused. The amount of enhanced fine shall be deposited within three months from the receipt of the certified copy of the order. Thereafter, the amount shall be disbursed to the family of Gurcharan Singh, injured. In case fine is not deposited, any benefit in reduction of sentence shall not accrue to the petitioners. With the observations made above, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 4, 2009 “DK”