Punjab-Haryana High Court
Shamsher Singh And Another vs The State Of Punjab on 25 May, 2010
Bench: Hemant Gupta, Jaswant Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision : May 25, 2010
Crl. Appeal No.890-DB of 2002
Shamsher Singh and another ...Appellants
Versus
The State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE JASWANT SINGH
Present : Mr. S.P.S.Sidhu, Advocate, for the appellants.
Mr. H.S.Brar, Addl. AG, Punjab, for the respondent-State.
HEMANT GUPTA, J. (ORAL)
The present appeal is arising out of the judgment dated 13.11.2002 passed by the Sessions Judge, Ferozepur, convicting appellant Shamsher Singh for the offences under Sections 302 and 449 and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- for an offence under Section 302 IPC and to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.100/- for an offence under Section 449 IPC. Vide the aforesaid judgment, appellant Biban Bai was also convicted for the offences under Sections 323 and 452 IPC and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.100/- for an offence under Section 323 IPC and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.200/- for an offence under Section 452 IPC. However, all the substantive sentences were ordered to be run concurrently. Crl. Appeal No.890-DB of 2002 2
Today, Mr. Brar, Addl. AG, Punjab, has filed an affidavit of Mr. Lakhminder Singh Jakhar, Superintendent, Central Jail, Ferozepur pointing out that appellant Shamsher Singh son of Mewa Singh has been released from jail on 17.04.2007 under the Punjab Government Policy for grant of remission of sentence of life imprisonment under Article 161 of the Constitution of India. In view of the said fact, learned counsel for the appellants does not press the appeal on behalf of Shamsher Singh.
However, in respect of appeal qua Biban Bai, learned counsel for the appellant contends that though she was charged for an offence under Section 302 IPC, but the learned trial Court found her guilty for the offences under Sections 323 and 452 IPC. He has further contended that appellant Biban Bai is woman more than 70 years of age and is not a previous convict, therefore, she be released on probation, as no useful purpose would be served by putting her behind bars for the remaining period.
Keeping in view the fact that appellant Biban Bai is a woman of 70 years, we deem it appropriate to release her on probation of good conduct for a period of 2 years on her furnishing surety bonds to the satisfaction of the learned Chief Judicial Magistrate, Ferozepur within a period of three months from today.
The appeal stands disposed of accordingly.
(HEMANT GUPTA)
JUDGE
May 25, 2010 (JASWANT SINGH)
Vimal JUDGE