Criminal Revision No.1966 of 2005 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Cr.Rev.
No.1966 of 2005(O&M) DATE OF DECISION :
21. 1.2013 Balkar Singh and others PETITIONERS VERSUS State of Punjab RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri Arvinder Singh for Shri H.S.Brar, Advocate for the petitioneRs.Shri Premjit Singh Hundal, A.A.G.Punjab.
MAHESH GROVER, J.
This revision petition is directed against the judgment of the learned trial Court and the Appellate Court vide which the petitioners were convicted and sentenced as under :- Name of Convict U/Section Sentence Fine In default 1.
Balkar Singh 326/149 IPC RI one year Rs.500/- RI one month.
148 IPC RI three months - - 323 IPC RI three months - - 2.
Kabal Singh 326 IPC RI one year Rs.500/- RI one month.
Criminal Revision No.1966 of 2005 -2- 148 IPC RI three months - - 323 IPC RI three months - - 3.
Jagjit Singh 326/149 IPC RI one year Rs.500/- RI one month 148 IPC RI three months - - 323 IPC RI three months - - 4.
Harjinder Singh 326/149 IPC RI one year Rs.500/- RI one month.
148 IPC RI three months - - 323 IPC RI three months - - 5.
Balwinder Singh 326/149 IPC RI one year Rs.500/- RI one month.
148 IPC RI three months - - 323 IPC RI three months - - The co-accused of the petitioners namely Kabal Singh also faced trial and grievous injury was attributed to him.
The details of the injuries suffered by the complainant are as under :- (1) A lacerated wound of 5 x 0.5 cm present on the top of head 12 cms above the left ear pinna.
Clotted blood was present.
X- ray advised.
(2) Incised wound of 6.5 x 1.5 cm present on the left side of base cutting the left side of upper lip and incised wound was also present on the upper gum corresponding to external injury.
Teeth marks are present on the inner side of upper lip.
Under left lateral incisor teeth is missing.
A clotted blood was present in the socket.
Tooth root felt in the socket.
Lower left central incisor is half cut.
(3) There are multiple abrasions present on the back of right hand.
Two on the middle of left finger and one on the base of ring finger of size 1 x 5 cMs.(4) An abrasion of size 13.5 x 0.25 cms present on the back in Criminal Revision No.1966 of 2005 -3- left scapular region.
(5) A contusion of size 9x2 cms of red colour present on the back of chest in upper region crossing injury No.4.
(6) A red colour contusion of size 16 x 4 cms present on the left lower back and on outer side.
(7) An abrasion of size 10 x 0.25 cms present on the right side of chest two cms above the right nipple.
From amongst the aforesaid injuries, injury No.2 has been attributed to Kabal Singh.
Learned counsel for the petitioners without adverting to the merits of the case, has stated that the petitioners were attributed only simple injuries and the grievous injuries have been attributed to Kabal Singh who is not the petitioner herein.
He has further stated that considering the nature of injuries and the fact that the occurrence took place in the year 1995 and 18 years have elapsed since then, the petitioners have faced the criminal prosecution for all these yeaRs.a lenient view may be taken and the sentence of the petitioners be reduced appropriately.
Learned counsel for the State has opposed this prayer and has stated that the petitioners have barely undergone RI for 12 days only and therefore, such a concession should not be given to them considering the fact that they were involved in an incident of violence resulting in grievous injuries to the complainant.
After hearing the learned counsel for the parties, I am of the opinion that considering the fact that the occurrence took place in the year 1995 and 18 years have elapsed, the parties would not be well advanced in years and also well entrenched in life and also noticing the fact that the fight erupted on account of some dispute regarding a sale transaction and further noticing the fact that the Criminal Revision No.1966 of 2005 -4- nature of injuries attributed to the petitioners is not grievous, I deem it appropriate to reduce the sentence of the petitioners to the extent already undergone, but enhance the fine component which shall be paid as compensation to the complainant.
Accordingly, the sentence of the petitioners is reduced to the extent already undergone, but they shall deposit a sum of Rs.40,000/- as fine which shall be paid by the petitiones in equal proportion to the complainant.
The amount shall be deposited before the learned trial Court within a period of three months from today.
The said Court shall thereafter issue notice to the complainant and disbuRs.the amount to him.
In the event of the petitioners not depositing the fine as aforesaid, the sentence awarded to the petitioners by the Court below shall stand.
The petition stands disposed of.
(MAHESH GROVER) January 21, 2013 JUDGE GD WHETHER TO BE REFERRED TO REPORTER?.
YES/NO