Punjab-Haryana High Court
Rajinder Singh vs State Of Punjab on 13 March, 2012
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Appeal No. 2663-SB of 2009
Date of decision : 13.03.2012
Rajinder Singh .....Appellant
VERSUS
State of Punjab ....Respondent
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. H.S. Grewal, Advocate
for the appellant.
Mr. K.S. Pannu, DAG, Punjab
for the State.
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RANJIT SINGH, J.
This order shall dispose of three Criminal Appeal Nos. 2650-SB, 2663-SB and 2733-SB of 2009.
Through these three appeals, six appellants stand convicted for offences under Section 489-B, 489-C and 489-D of IPC only though they were also charged for offence under Section 420 IPC in addition to these offences. Out of these six appellants in these three appeals, Rajinder Singh alias Gora son of Surjit Singh resident of village Kila Raipur, P.S. Dehlon, District Ludhiana has already undergone custody of 4 years, 9 months and 19 days as on 10.02.2010 out of five years rigorous imprisonment imposed on him. Since the appellant, Rajinder Singh has undergone complete sentence, he has since been released from the jail.
Appellant-Baljit Singh has undergone a sentence of two years, three months and six days as on 10.02.2010. By now, appellant-Baljit Singh has undergone complete sentence and has Criminal Appeal No. 2663-SB of 2009 -2- also been released. So far as appellants-Gurdeep Singh alias Kaka and Deep Inder Singh are concerned, they have undergone custody of 8 months & 26 days and 8 months and 22 days respectively as on 10.02.2010. Accordingly, Deep Inder Singh by now has undergone sentence for a period of 2 years and 8 months approximately whereas Gurdeep Singh alias Kaka by now has undergone sentence for a period of 2 years and 9 months approximately as on date out of sentence of 5 years imposed on them.
Appellant-Satnam Singh has undergone one year and 20 days as on 10.02.2010 whereas Malwinder Singh has undergone custody of 10 months and 12 days as on 10.02.2010. The appellant- Satnam Singh has approximately undergone a period of more than 3 years whereas Malwinder Singh has undergone custody of 2 years and 10 months approximately.
Counsel appearing for the respective-appellants states that they will not press their appeals on merits and would only plead for leniency. It is stated that the appellants were accused of these offences long time ago and by now have undergone subtantial period of custody imposed on them. The appellants were not allowed the concession of bail during the pendency of appeals as well. On this basis, it is pleaded that the appellants have suffered enough incarceration. The incident is of 2005 and the appellants have faced the agony of trial for all these years.
Considering the fact that the appellants have now only pleaded for leniency, and that two of the appellants have already completed the total sentence, the case for showing some leniency, Criminal Appeal No. 2663-SB of 2009 -3- apparently, is made out. However, there may be a need to maintain parity between the appellants. Some of the appellants have undergone a complete sentences whereas some have yet to complete their sentences. In addition to the sentence of rigorous imprisonment of 5 years as imposed in respect of each appellants,they have further been directed to pay fine of Rs. 1000/- for offence under Section 489-B, fine of Rs. 1000/- for offence under Section 489-C IPC and fine of Rs. 1000/- separately for conviction under Section 489-D. The appellants, who have undergone complete sentence have since been released and obviously would have deposited the fine as imposed. Counsel appearing for the appellants, who have yet to complete their sentences, have pleaded leniency and prayed that the appellants have undergone substantial portion of sentence and the same may be reduced to period already undergone.
Considering the fact that the appellants are repentant and have statedly reformed themselves, the sentence imposed on Gurdeep Singh, Malwinder singh, Satnam Singh and Deep Inder Singh is reduced to the period already undergone. However, the fine payable shall stand enhanced to Rs. 10,000/- payable by each for their conviction for offence under Section 489-B IPC and Rs. 10,000/- each for conviction of offence under Section 489-C IPC for their conviction under Section 489-D of IPC. Subject to this, the appeals are dismissed.
March 13, 2012 ( RANJIT SINGH ) rts JUDGE