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2019 DIGILAW 1640 (PNJ)

Pal Singh v. State of Punjab

2019-05-20

HARINDER SINGH SIDHU, RAJIV SHARMA

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JUDGMENT : Rajiv Sharma, J. 1. In sequel to the judgment dated 10.5.2019 passed by this Court, five convicts namely, Pal Singh, Tejwinder Singh @ Teja Singh, Sukhdev Singh @ Kaka, Gumam Singh @ Gama and Raj winder Singh @ Raja are present in Court to be heard on the quantum of sentence. 2. Counsel for the convicts submits that one of the convicts namely Joginder Singh @ Kalu son of Mohan Singh is missing since long and a DDR No. 17 dated 03.08.2017 had been lodged at Police Station Mehna, District Moga in this regard. A copy of the aforesaid DDR has been made available on record. 3. Vide judgment dated 10.05.2019, conviction of appellant Nos. 1, 2, 5 to 8 under Sections 302 read with Section 149 has been converted to Section 304 Part IIPC while upholding their conviction and sentence for the other offences. 4. On query being put by this Court qua the period spent by the convicts in custody with or without remission, Sh. S.P.S. Tinna, Addl. A.G, Punjab has stated at the bar that a communication was sent to the SSP Moga on 15.5.2019, a copy whereof was also sent to the SHO, P.S. Mehna in this respect, however, neither the SSP Moga nor the Station House Officer, P.S. Mehna has come forward to provide the requisite information. 5. It is serious dereliction in duty on the part of both, the SSP Moga as also the SHO, P.S Mehna. This Court, has over time and again, precisely observed that the custody certificates are of utmost importance to ascertain the period spent by the convicts in custody with or without remissions while imposing sentence. On being asked by this Court whether the convicts have been produced by the police, it is pointed out by them that they have come of their own. 6. We have heard the convicts on the quantum of sentence. 7. Learned counsel for the convicts has brought to the notice of the Court that the appellants-convicts have already undergone more than five years of sentence before and after their conviction by the trial Court. 8. One of the convicts, namely, Pal Singh is 80 years of age. The incident occurred on 12.3.2000 at 9.00 AM. 7. Learned counsel for the convicts has brought to the notice of the Court that the appellants-convicts have already undergone more than five years of sentence before and after their conviction by the trial Court. 8. One of the convicts, namely, Pal Singh is 80 years of age. The incident occurred on 12.3.2000 at 9.00 AM. Having given thoughtful consideration to all the aspects of the matter besides the fact that the trial and appeal proceedings have, in the case at hand, continued for nearly 19 years by now, all the six convicts are sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 5000/- each, in default of payment of fine, they shall have to further undergo simple imprisonment for three months under Section 304 Part I read with Section 149 IPC. This sentence shall run concurrently with the other sentences already imposed by the trial Court. The convicts, who are present in Court today, are ordered to be taken in custody during the course of the day and lodged in Jail to undergo the remaining portion of sentence awarded today. Joginder Singh @ Kalu-convict be also arrested and lodged in Jail to undergo the remaining portion of sentence awarded today. 9. Learned State counsel undertakes to put the convicts in custody through the SSP, SAS Nagar (Mohali). At this stage, learned State counsel has intimated that one official namely Rajwinder Singh, ASI has come from district Moga in some other case. Learned State counsel is directed to get the order implemented through him. 10. Since the S.S.P. Moga as well as the SHO, P.S. Mehna have not supplied the requisite information and failed to comply with the direction of this Court in letter and spirit by furnishing the custody certificates of the convicts despite the communication having been sent to them in time, their conduct evidently appears to be wilful and deliberate. Consequently, the Secretary Home, Government of Punjab is directed to initiate disciplinary proceedings against them for dereliction of their duties. 11. A copy of this order and that of judgment dated 10.5.2019 be supplied to the convicts, during the course of the day, free of costs.