JUDGMENT Kanwaljit Singh Ahluwalia, J. (Oral) - By this common judgment, four Criminal Appeals bearing Nos. 116-SB of 1996 titled as "Dhian Singh and Others v. State of Punjab", 190-SB of 1996 titled as "Sukhdev Singh alias Sukkha and Another v. State of Punjab", 301-SB of 1996 titled as "Kashmir Singh v. State of Punjab" and 302-SB of 1996 titled as "Kala v. State of Punjab", shall be disposed off. 2. Criminal Appeal No. 116-SB of 2006 has been preferred by Dhian Singh, Jarnail Singh, Ajit Singh and Amrik Singh, who have been numbered as accused Nos.1, 2, 4 & 5 in the impugned judgment. 3. Criminal Appeal No. 190-SB of 1996 has been preferred by Sukhdev Singh alias Sukkha and Nirmal Singh, who have been numbered as accused Nos. 3 and 8 in the impugned judgment. 4. Criminal Appeal No. 301-SB of 1996 has been preferred by Kashmir Singh, who has been numbered as accused No.6 in the impugned judgment. 5. Criminal Appeal No. 302-SB of 1996 has been preferred by Kala, who has been numbered as accused No.7 in the impugned judgment. 6. The appellants were nominated as accused in case FIR No. 15 dated 29.1.1991, registered at Police Station Lopoke, under Sections 148, 395, 506, 336 read with Section 149 Indian Penal Code and Section 25 of the Arms Act. 7. After conclusion of the investigation, a report under Section 173 Criminal Procedure Code was submitted. The appellants were charged for an offence under Section 148 Indian Penal Code, under Section 395 /149 Indian Penal Code for taking away a sum of Rs. 12,700/- belonging to Gurbax Singh, PW.1. They were also charged for an offence under Sections 506/149 Indian Penal Code and 336/149 Indian Penal Code. The appellants pleaded not guilty and claimed trial. 8. Briefly stated, it was stated by complainant Gurbax Singh in the FIR that on the intervening night of 30.11.1990 and 1.12.1990 at about 10.00 P.M. five armed persons, who wore wrapping sheets of clothes entered in the village. It has been further stated that they went to the house of Jhamma Singh. They had entered into the house of complainant Gurbax Singh and told that "Baba Jafarwal" had come in his house. They demanded from the complainant to provide fire arms. They started beating him. To save himself, complainant Gurbax Singh handed over Rs. It has been further stated that they went to the house of Jhamma Singh. They had entered into the house of complainant Gurbax Singh and told that "Baba Jafarwal" had come in his house. They demanded from the complainant to provide fire arms. They started beating him. To save himself, complainant Gurbax Singh handed over Rs. 12,700/- to them and prayed that his life be spared. Then these persons took him into his shop and gathered the change (coins lying there). Again he was brought to his house and he was given beatings. They demanded ornaments. They also caused beatings to his wife. Then they took Gurbax Singh outside the village towards drain. There five/six persons were standing to whom the complainant stated that he can identify them later. One of them fired shot in the air and threatened to kill him. They threw the complainant in the drain. Complainant made further request that he has got a widow daughter. There is nobody to support her and her four children except the complainant. The accused told him that his life can only be spared if he can arrange for Rs. 1,00,000/-. They also attempted to push a stick into his rear private part. Thereafter two accused took him and left him in the house. According to complainant, accused were named as Sukha Singh, Nimma Majhbi, Santokha Majhbi and Kala. He further stated that he can recognise other persons. Thereafter, he went to the village. Thereafter on 5.1.1991 and 12.1.1991 he contacted them and stated that he could not arrange for the funds. Thereafter, complainant contacted the Central Reserve Police Force Camp at Ajnala. According to complainant, the persons who were standing in the street were Dhian Singh, Jaila, Jit Singh and Amrik Singh. Thereafter, FIR was recorded on the statement of complainant Gurbax Singh on 29.1.1991. 9. In support of the FIR, Gurbax Singh complainant appeared as PW.1. His testimony was corroborated by his wife Bhajan Kaur, who appeared as CW.1. The testimony of these witnesses are to be evaluated and appreciated in the context of peak days of terrorism which were prevailing in the State of Punjab. It was a common knowledge that in the interior villages of Amritsar there was a curfew like situation. The rule of law was not prevailing. The terrorists would come at their wish, loot and run away. It was a common knowledge that in the interior villages of Amritsar there was a curfew like situation. The rule of law was not prevailing. The terrorists would come at their wish, loot and run away. Here is one man who mustered courage and stood up. The testimony of this witness in the Court reveal that under the threat of terrorists he has to leave his village and reside in a city at Jalandhar along with his family. This Court has to take into consideration the fact that against all odds, one citizen had mustered courage to stand. Therefore, normal stereo-typed arguments that FIR has been delayed, names of the witnesses have not been given at first instance and statement given to the Central Reserve Police Force is not coming forward, raised by counsel for the appellants cannot be taken into consideration. 10. I have read the testimony of Gurbax Singh, PW.1, again and again. There is something which tells that there is truth in the version of Gurbax Singh, PW.1. Gurbax Singh, PW.1, when made his testimony in the Court, was 85 years old. The wife who was examined as a Court witness has stated that she was trembling at the time of occurrence. 11. Therefore, I am of the view that trial Court has rightly convicted the appellants. However, taking into consideration the fact that the appellants have suffered a protracted trial of more than 18 years, sentence awarded upon the appellants is reduced from five years to two & a half years. 12. With the observations made above, all the appeals are disposed off.