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2000 DIGILAW 460 (PNJ)

Chanan Singh v. State Of Punjab

2000-04-28

V.K.BALI

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Judgment V.K.Bali, J. 1. By this order, I propose to dispose of Criminal Revision Nos. 862 and 864 of 1987 as both these revisions arise from a common order passed by learned Additional Session Judge, Gurdaspur. 2. Initially, petitioners along with two others, namely Piara Singh and Bansa Singh were tried under Sections 326/325/324/323/149/148 of the Indian Penal Code. They were held guilty under the aforesaid Sections and sentenced, vide order dated August 1, 1986 passed by the Chief Judicial Magistrate, Gurdaspur, as under : Joginder Singh and Santokh Singh. RI for two years and fine of Rs. 500, or in default thereof, further RI for three months, u/s 326 IPC. Chanan Singh, Mohinder Singh, Nazar Singh, Bansa Singh, Mohinder Sing s/o Tara singh, Piara Singh, Dalbir Singh, Lekha Singh, Joginder Singh s/o Tara Singh and Sulakhan Singh. RI for two years and fine of Rs. 500, or in default thereof, further RI for three months, u/s 326 read with Section 149 IPC. Lakhbir Sing, RI for two years and fine of Rs. 250, or in default thereof, further RI for three months, u/s 325 IPC. Chanan Singh, Mohinder Singh, Nazar Singh, Bansa Singh, Mohinder Sing s/o Tara singh, Piara Singh, Dalbir Singh, Santokh Singh, Joginder Singh s/o Tara Singh and Sulakhan Singh, Joginder Singh s/o Chanan Singh. RI for two years and fine of Rs. 250, or in default thereof, further RI for three months, u/s 325 read with Section 149 IPC. Nazar Singh, Bansa Singh Joginder Singh s/o Tara Singh, Santokh Singh, Sulakhan Singh, Mohinder Singh. RI for one year under Section 324 IPC. Chanan Singh, Mohinder Singh s/o Chanan Singh, Joginder Singh s/o Chanan Singhm Piara Singh, Dalbir Singh. RI for one year under Section 324 read with Section 149 IPC. Piara Singh RI for six months Under Section 323 IPC. Chanan Singh, Mohinder Singh, Nazar Singh, Bansa Singh, Mohinder Singh s/o Tara Singh, Santokh Singh, Dalbir Singh, Lakha Singh, Joginder Singh s/o Tara Singh and Sulakhan Singh. RI for six months under Section 323 read with Section 149 IPC. 3. They were also sentenced under Section 143 IPC to undergo RI for six months. 4. On appeal, whereas Bansa Singh and Piara Singh were acquitted of the charges framed against them, remaining accused, who are petitioners in these revisions, were acquitted under Section 323 read with Section 149 IPC. 3. They were also sentenced under Section 143 IPC to undergo RI for six months. 4. On appeal, whereas Bansa Singh and Piara Singh were acquitted of the charges framed against them, remaining accused, who are petitioners in these revisions, were acquitted under Section 323 read with Section 149 IPC. The order remaining sentence passed against the petitioners herein was, however, confirmed by learned Additional Sessions Judge, Gurdaspur, vide order dated August, 24, 1987. 5. Mr. T.P.S. Mann, learned counsel representing the petitioners who are only six namely Chanan Singh, Mohinder Singh son of Chanan Singh, Sulkhan Singh, Joginder Singh son of Chanan Singh, Santokh Singh and Lakha Singh, has urged that this matter is continuing since July, 1983 and a period of 17 years has gone and also that it is a case where two persons from the side of petitioners were also injured and had received 9 injuries as compared to 15 injuries received by the complainant party. He further contends that in view of all facts as have been mentioned above, it is a case for reduction of sentence. 6. After hearing the learned counsel representing the parties, this court is in agreement with the contention raised by learned counsel for the petitioner. Petitioners have faced agony of the trial for as many as 17 years. The interest of justice would be met if the sentence is reduced from 2 years to one year under Section 326 IPC. Sentence is also reduced from two years to one year under Sections 325 and 452 IPC. As mentioned above all sentences were to run concurrently and therefore, petitioners herein would under go RI for one year on these counts. They shall, however, pay a fine of Rs. 3000/- each including the fine already imposed. In default of payment of fine they shall have to undergo RI as ordered by the courts below. Orders accordingly.