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2003 DIGILAW 358 (PNJ)

Balwant Singh v. State of Punjab

2003-02-26

KIRAN ANAND LALL

body2003
JUDGMENT Kiran Anand Lall, J. - Appellants Balwant Singh and Labh Singh, along with their three companions, Mehar SIngh, Bhan Singh and Kartar Singh, were tried for offences under sections 450, 307, 307/34, 323 and 323 read with section 34 of the Indian Penal Code, by the court of learned Additional Sessions Judge, Ludhiana. Mehar Singh, Bhan Singh and Kartar Singh were acquitted, while the appellants were convicted and sentenced for different offences as under :- Balwant Singh and Labh Singh : Under Section 450 Indian Penal Code : To undergo RI for two years and to pay a fine of Rs. 500/- or in default to undergo further RI for three months each. Balwant Singh and Labh Singh : Under Sections 307, 307/34 Indian Penal Code : To undergo RI for three years and to pay a fine of Rs. 500/- or in default of payment of fine to undergo further RI for three months each. Labh Singh and Balwant Singh : Under Section 323 and 323/34 Indian Penal Code : To undergo RI for six months each for causing injuries to Shamsher Singh. Balwant Singh and Labh Singh : Under Section 323 Indian Penal Code : To undergo RI for six months each for causing injuries to Malkiat Kaur. 2. Prosecution case is taht on 1.4.1987, at about 8 P.M., Malkiat Kaur complainant along with her husband Surinder Singh, son Shamsher Singh and father Jagir Singh, was sitting in the Verandah of their house in Village Rania and taking meals. Mehar Singh, Kartar Singh and Bhan SIngh, who were armed with lathis, came in front of the door of her house and exhorted that lesson should be taught to Jagir Singh for giving land to Malkiat Kaur. Meanwhile, appellants, who were armed with "gandasas", entered the house and caused injuries to Shamsher Singh, with their respective weapons. Malkiat Kaur fell on him in order to save him but she, too, was injured by Balwant Singh and Labh Singh with their respective weapons. Thereafter, appellants and their companions fled away. The injured were, then, removed to the hospital. 3. The case was registered on the basis of statement of Malkiat Kaur. The appellants as well as Mehar Singh, Bhan Singh and Kartar Singh were arrested. However, during investigation, Mehar Singh, Bhan Singh and Kartar Singh were found to be innocent. Thereafter, appellants and their companions fled away. The injured were, then, removed to the hospital. 3. The case was registered on the basis of statement of Malkiat Kaur. The appellants as well as Mehar Singh, Bhan Singh and Kartar Singh were arrested. However, during investigation, Mehar Singh, Bhan Singh and Kartar Singh were found to be innocent. As such, they were shown in column No. 2 of report under section 173 of the Criminal Procedure Code, whereas the two appellants were challaned and sent up for trial. On receipt of the case, by way of commitment, trial was started. During the course of trial, the court summoned Mehar Singh, Bhan Singh and Kartar Singh also, as accused. Trial was completed, and ultimately, Mehar Singh, Bhan Singh and Kartar Singh were given benefit of doubt and acquitted, while Balwant Singh and Labh Singh appellants were convicted and sentenced. 4. Having not felt satisfied with the verdict of conviction and sentence recorded against them by the trial court, Balwant Singh and Labh Singh appellants filed this appeal. However, when appeal was taken up for hearing today, learned counsel representing the appellants did not contest the verdict of conviction and only prayed that the parties had arrived at a compromise and as such, the sentence awarded by the trial court be reduced to the sentence already undergone by the appellants. In support of this prayer, learned counsel for the appellants placed reliance on 1999(2) All India Criminal Law Reporter 415 (SC), Surender Nath Mohanty and another v. State of Orissa. In this judgment, the Apex Court had reduced the sentence awarded by the trial Court to the sentence already undergone in a case of non-compoundable offences after taking into consideration the facts the parties has settled their disputed outside the court and ten years had elapsed from the date of incident. He pointed out that in the case in hand, parties are closely related to each other. Amarjit Kaur, wife of Balwant Singh appellant, is the real sister of Malkiat Kaur complainant. Affidavits of Malkiat Kaur complainant-injured and her husband Surinder Singh referring to the factum of compromise arrived at between the parties were placed on record. The other injured, Shamsher Singh, was stated to have since died in accident. The occurrence pertains to the year 1997. In other words, about 16 years have elapsed from the date of occurrence. Affidavits of Malkiat Kaur complainant-injured and her husband Surinder Singh referring to the factum of compromise arrived at between the parties were placed on record. The other injured, Shamsher Singh, was stated to have since died in accident. The occurrence pertains to the year 1997. In other words, about 16 years have elapsed from the date of occurrence. There was no previous enmity between the parties. Since the time of occurrence, they have been living peacefully. It was also pointed out that the parties have also started attending functions at the house of each other. None of these facts was controverted on behalf of the State-respondent by Shri J.S. Bedi, Deputy Advocate General, Punjab. The latter was, in fact, fair enough to state that since the occurrence took place several years ago and the parties, who are closely related to each other, have arrived at a compromise also, the court may reduce the sentence to the sentence already undergone by the appellants. 5. Considering the above mentioned fact and circumstances of the case and the view taken by the Apex Court in a case of non-compoundable offences, it is feld that the ends of justice would be sufficiently met if the sentence of imprisonment awarded by the trial Court is reduced to the period already undergone by the appellants, and it is ordered accordingly. The sentences of fine and payment thereof, if realised, to the injured, shall remain intact, but as Shamsher Singh injured has since died, the amount payable to him would now be payable to his mother, Malkiat Kaur complainant. Appeal allowed.