Punjab-Haryana High Court
Jagdish Singh And Another vs . State Of Punjab on 8 February, 2012
Crl. Misc. No. 70159 of 2011 in
Crl. Appeal No. 2296-SB of 2011
Jagdish Singh and another Vs. State of Punjab
Present: Mr. T.S. Sangha, Sr. Advocate with
Mr. H.S. Sangha, Advocate
for the applicant/appellant No. 2
Mr. A.S. Garewal, Addl. A.G. Punjab
Mr. S.S. Swaich, Advocate
for the complainant
-.-
Learned State counsel has filed an affidavit of Shri Gurpal
Singh Sarowa, PPS Superintendent, District Sudhar Ghar, Nabha
mentioning the period of imprisonment undergone by the
applicant/appellant No. 2 - Baljinder Kaur w/o Jagdish Singh. The
same is taken on record.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking
suspension of sentence of imprisonment of the applicant/appellant No. 2 -
Baljinder Kaur during the pendency of the appeal.
The FIR in this case has been registered on the statement of
Bhupinder Singh son of Surjit Singh who has inter alia alleged that on
23.6.2009 at about 5.30 p.m. Jagdish Singh (appellant No. 1) was armed
with 'Kahi' while Baljinder Kaur (applicant/appellant No. 2) was armed with
a stick. It was alleged that Baljinder Kaur gave blow with her stick to
Sohan Singh (deceased), uncle of the complainant - Bhupinder Singh. It
is, however, not mentioned as to on which part of the person of Sohan
Singh (deceased) was he hit with the stick blow of Baljinder Kaur. Kahi
blows from the sharp side on the head and face with intention to kill are
attributed to Jagdish Singh (appellant No. 1).
Crl. Misc. No. 70159 of 2011 in
Crl. Appeal No. 2296-SB of 2011 2
Dr. Dushyant Satyapal (PW-13) has conducted the post
mortem examination on the dead body of Sohan Singh. He found two
lacerated wounds were present over the body, one over the right arm and
other over the left knee and also a lacerated wound extending from chin to
left mastoid; besides, this there was contusion seen over the scalp in the
right side of size 6 x 5 cm.
Ranjit Singh (PW-9) in his deposition alleged that Baljinder
Kaur (applicant/appellant No. 2) gave a dang blow on the person of Sohan
Singh. He further stated that she gave dang blow on his shoulder and
back. However, Bhupinder Singh (PW-11) stated that Baljinder Kaur
(applicant/appellant No. 2) gave two dang blows on the head of Sohan
Singh, deceased and he fell down.
There are arguable points in the appeal which would require
consideration at the time of final hearing. There do appear to be some
discrepancies in the depositions of Ranjit Singh (PW-9) and Bhupinder
Singh (PW-11) with regard to the role attributed to Baljinder Kaur
(applicant/appellant No.2).
The applicant/appellant No. 2 has been convicted and
sentenced for the offence punishable under Section 304 Part 1 of IPC read
with Section 34 IPC; besides, she has also been convicted and sentenced
for the offence punishable under Section 326 read with Section 34 IPC.
She has been sentenced to undergo rigorous imprisonment for ten years
for having committed the offence under Section 304 Part-1 read with
Section 34 IPC and also sentenced to undergo rigorous imprisonment for
three years and pay a fine of Rs. 5000/- for having committed offence
punishable under Section 326 read with Section 34 IPC. Both the
sentences, however, were ordered to be run concurrently.
In terms of affidavit of Shri Gurpal Singh Sarowa, PPS
Crl. Misc. No. 70159 of 2011 in 3
Crl. Appeal No. 2296-SB of 2011
Superintendent District Sudhar Ghar, Nabha, the applicant/appellant No. 2
has undergone imprisonment of 2 years 6 months and 8 days as on
14.12.2011.
Keeping in view the facts and circumstances of the case as
also that there are arguable points in the appeal which require
consideration, besides the fact that applicant/appellant No. 2 has
undergone more than 2 years and 6 months of imprisonment out of the
sentence of 10 years that has been imposed, it would be just and
expedient that the sentence of imprisonment of the applicant/appellant No.
2 during the pendency of the appeal, is suspended.
Accordingly, the criminal miscellaneous application is allowed
and the sentence of imprisonment of the applicant/appellant No. 2 during
the pendency of the appeal shall remain suspended subject to her
furnishing personal bond and surety to the satisfaction of the learned Chief
Judicial Magistrate, Fatehgarh Sahib.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Appeal No. 942-SB of 2001
Present: Mr. Ranjit Singh, Advocate for
Mr. D.S. Pheruman, Advocate
for the appellant.
Mr. A.S. Garewal, Addl. A.G. Punjab
for the respondents
None for the complainant
-.-
On request made by learned counsel for the appellant,
adjourned to 22.5.2012.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Appeal No. 775-DBA of 2002
Present: Mr. Ranjit Singh, Advocate for
Mr. D.S. Pheruman, Advocate
for the appellant.
None for the respondents
-.-
On request made by learned counsel for the appellant,
adjourned to 22.5.2012.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Misc. No. 61473 of 2011 in
Crl. Appeal No.814-DB of 2009
Present: Ms. Aditi Girdhar, Advocate
for the applicant/appellant.
Mr. Dhruv Dayal, DAG Haryana
for the respondent - State
-.-
On request made by learned counsel for the
applicant/appellant, adjourned to 7.3.2012.
The trial Court record be requisitioned for the date fixed.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Misc. No. 43793 of 2011 in
Crl. Appeal No.712-DB of 2009
Present: Mr. R.S. Bains, Advocate
for the applicant/appellant.
Mr. A.S. Garewal, Addl. A.G. Punjab
for the respondent - State
-.-
Learned counsel for the State has filed affidavit of
Sh. Rachhpal Singh, P.P.S., Superintendent Central Jail, Amritsar
mentioning the period of imprisonment undergone by the applicant-
appellant - Sarwan Singh @ Samma. The same is taken on record.
In the said affidavit, it has been mentioned that two other cases are
said to be pending against the applicant/appellant - Sarwan Singh @
Samma under the NDPS Act.
Learned counsel for the applicant/appellant prays for time
to verify the same.
Adjourned to 27.2.2012.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Misc. No.25107 of 2011 in
Crl. Misc. No. A-352-MA of 2011
Present: Mr. Jatinder Kumar, Advocate for
Mr. Sarfraj Hussain, Advocate
for the applicant.
-.-
On request, adjourned to 16.5.2012.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Misc. No.5949 of 2012 in
Crl. Appeal No.235-DB of 2010
Ishwar and others Vs. State of Haryana
Present: Mr. Vikram Sheoran, Advocate
for the applicant/appellant No. 3 - Rajbir
-.-
Learned counsel for the applicant/appellant No. 3 - Rajbir
after arguing at length submits that he may be permitted to withdraw
the present application.
Dismissed as withdrawn.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Misc. No.6990 of 2012 in
Crl. Appeal No.581-DB of 2009
Sandeep Kumar Vs. State of Punjab
Present: Mr. Surinder Sharma, Advocate,
for the applicant/appellant.
-.-
Learned counsel for the applicant/appellant submits that
he may be permitted to withdraw the present application.
Dismissed as withdrawn.
(S.S.SARON)
JUDGE
08.02.2012 (M. JEYAPAUL)
reena JUDGE
Crl. Misc.No. 58319 of 2011 in
Crl. Appeal No.527-DB of 2006
Date of Decision: 02.02.2012.
Gursahib Singh alias Saba versus State of Punjab
Present: Mr. Karanjit Singh, Advocate for the applicant/appellant.
Mr. Surinder Singh Dhaliwal, Addl. AG, Punjab.
****
Learned State counsel has filed affidavit of Shri Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur mentioning the period of imprisonment undergone by the applicant/appellant. The same is taken on record.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant- Gursahib Singh alias Saba during the pendency of the appeal. In terms of the affidavit of Shri Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur, the applicant/appellant has undergone five years, eight months and twenty four days of imprisonment as on 09.01.2012.
The co-convict of the applicant/appellant namely Pargat Singh has filed Crl. Appeal No.963-DB of 2006. In the said appeal, Pargat Singh filed Crl. Misc. No.52642 of 2011 seeking suspension of sentence of imprisonment. This Court vide order dated 03.11.2011, ordered the listing of the appeal for final hearing in the month of February, 2012. The said appeal has, however, not been listed as yet. Paramjit Kaur another coconvict of the applicant/appellant has filed Crl. Appeal No.528-DB of 2006 in which her sentence of imprisonment was suspended by this Court vide order dated 17.05.2010 passed in Crl. Misc. No.22046 of 2010. Another co-convict namely Dilbagh Singh has filed Crl. Appeal No.484-DB of 2006
-2- Crl. Misc.No. 58319 of 2011 in Crl. Appeal No.527-DB of 2006 which is also pending in this Court.
Keeping in view the facts and circumstances of the case and also the period of imprisonment undergone by the applicant/appellant, we feel that instead of suspending the sentence of imprisonment, it would be just and expedient that the appeal itself is listed for final hearing. Accordingly, criminal miscellaneous application seeking suspension of sentence of imprisonment of the applicant/appellant is dismissed. However, the present appeal along with Crl. Appeal No. D-484- DB of 2006 titled 'Dilbagh Singh versus State of Punjab; Crl. Appeal No.528-DB of 2006 titled 'Paramjit Kaur versus State of Punjab' and Crl. Appeal No.963-DB of 2006 titled 'Pargat Singh versus State of Punjab' be listed for final hearing in the month of May, 2012. ( S.S. Saron ) Judge ( M. Jeyapaul ) Judge 02.02.2012