Punjab-Haryana High Court
Sher Singh And Others vs State Of Punjab on 5 October, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
CRR 367 of 2006 1
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Date of Decision: October 05, 2012
CRR No.367 of 2006
Sher Singh and others
... Petitioners
Versus
State of Punjab
... Respondent
CRR No.310 of 2006
Bahadur Singh and others
... Petitioners
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the local papers may be allowed to see the judgment ?.
2) To be referred to the Reporters or not ?.
3) Whether the judgment should be reported in the Digest ?
Present: Mr. Gursewak Singh Singhpuria, Advocate,
for the petitioners (In CRR No. 367 of 2006)
Mr. P.S. Jammu, Advocate,
for the petitioners (In CRR No. 310 of 2006)
Mr. K.S. Aulakh, AAG, Punjab.
***
Paramjeet Singh, J.
This order will dispose of two Criminal Revisions No. 367 of CRR 367 of 2006 2 2006 titled "Sher Singh and others versus State of Punjab" and No. 310 of 2006 titled "Bahadur Singh and others versus State of Punjab" as these arise out of FIR No. 56 dated 04.06.1996, Police Station Boha and cross- version case therein.
Criminal Revision No. 367 of 2006 has been preferred by the petitioners against judgment dated 01.02.2006 passed by learned Additional Sessions Judge, Mansa, thereby dismissing the appeal preferred by the petitioners against the judgment and order dated 20.01.2003 passed by the learned Judicial Magistrate Ist Class, Mansa, vide which the petitioners have been convicted for offences punishable under Sections 148, 326, 324, 323, 427/149 of the Indian Penal Code and sentenced as under:
Name of the Convict(s) Under Section Sentence awarded and fine imposed Sher Singh, Amrik Singh, 148 IPC To undergo RI for three Jeet Singh, Teja Singh, months each and to pay fine Avtar Singh and Raghbir of Rs.50/-, in default of Singh payment of fine, to further undergo RI for 5 days each Sher Singh 326 IPC To undergo RI for one and a half years and to pay fine of Rs.200/-, in default of payment of fine, to further undergo RI for 15 days.
Amrik Singh, Jeet Singh, 326/149 IPC To undergo RI for one and Teja Singh, Avtar Singh half year each and to pay and Raghbir Singh fine of Rs.200/- each, in default of payment of tine, to further undergo RI for 15 days each.CRR 367 of 2006 3
Name of the Convict(s) Under Section Sentence awarded and fine imposed Jeet Singh 324 IPC To undergo RI for six months and to pay fine of Rs.100/-, in default of payment of fine, to further undergo RI for 7 days.
Sher Singh, Amrik Singh, 324/149 IPC To undergo RI for 6 months Teja Singh, Avtar Singh each and to pay fine of and Raghbir Singh Rs.100/- each, in default of payment of fine, to further undergo RI for 7 days each.
Amrik Singh 324 IPC To undergo RI for six months and to pay fine of Rs.100/-, in default of payment of fine, to further undergo RI for 7 days.
Sher Singh, Jeet Singh, 324/149 IPC To undergo RI for six Teja Singh, Avtar Singh months each and to pay fine and Raghbir Singh of Rs.100/- each, in default of payment of fine, to further undergo RI for 7 days each.
Amrik Singh 323 IPC To undergo RI for 3 months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days .
Sher Singh, Jeet Singh, 323/149 IPC To undergo RI for 3 months Teja Singh, Avtar Singh and to pay fine of Rs.50/-, in and Raghbir Singh default of payment of fine, to further undergo RI for 5 days.
Avtar Singh 323 IPC To undergo RI for 3 months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Sher Singh, Amrik Singh, 323/149 IPC To undergo RI for 3 months Jeet Singh, Teja Singh each and to pay fine of and Raghbir Singh Rs.50/-, in default of payment of fine, to further undergo RI for 5 days each.CRR 367 of 2006 4
Name of the Convict(s) Under Section Sentence awarded and fine imposed Avtar Singh 427 IPC To undergo RI for 3 months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Sher Singh, Amrik Singh, 427/149 IPC To undergo RI for 3 months Jeet Singh, Teja Singh each and to pay fine of and Raghbir Singh Rs.50/-, in default of payment of fine, to further undergo RI for 5 days each.
Raghbir Singh 427 IPC To undergo RI for 3 months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Sher Singh, Amrik Singh, 427/149 IPC To undergo RI for 3 months Jeet Singh, Teja Singh each and to pay fine of and Avtar Singh Rs.50/-, in default of payment of fine, to further undergo RI for 5 days each.
All the sentences were ordered to run concurrently.
Criminal Revision No. 310 of 2006 has been preferred by the petitioners against judgment dated 01.02.2006 passed by learned Additional Sessions Judge, Mansa, thereby dismissing the appeal preferred by the petitioners against the judgment and order dated 29.03.2001 passed by the learned Judicial Magistrate Ist Class, Mansa, vide which the petitioners have been convicted for offences punishable under Sections 323, 324, 148 read with Section 149 of the Indian Penal Code and sentenced as under:CRR 367 of 2006 5
Name of the Convict(s) Under Section Sentence awarded and fine imposed Bahadur Singh, Amrik 148 IPC To undergo RI for three Singh, Dhana Singh & months each and to pay fine Sohan Singh of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days each Bahadur Singh 324 IPC To undergo RI for six months and to pay fine of Rs.100/-, in default of payment of fine, to further undergo RI for 7 days.
Amrik Singh, Dhana 324/149 IPC To undergo RI for 6 months Singh and Sohan Singh each and to pay fine of Rs.100/- each, in default of payment of tine, to further undergo RI for 7 days each.
Sohan Singh 323 IPC To undergo RI for three months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Bahadur Singh, Amrik 323/149 IPC To undergo RI for 3 months Singh and Dhanna Singh each and to pay fine of Rs.50/- each, in default of payment of fine, to further undergo RI for 5 days each.
Bahadur Singh 324 IPC To undergo RI for six months and to pay fine of Rs.100/-, in default of payment of fine, to further undergo RI for 7 days.
Amrik Singh, Dhanna 324/149 IPC To undergo RI for six Singh and Sohan Singh months each and to pay fine of Rs.100/- each, in default of payment of fine, to further undergo RI for 7 days each.
Bahadur Singh, Amrik 324/149 IPC To undergo RI for six Singh, Dhana Singh and months each and to pay fine Sohan Singh of Rs.100/-, in default of payment of fine, to further undergo RI for 7 days each.CRR 367 of 2006 6
Name of the Convict(s) Under Section Sentence awarded and fine imposed Amrik Singh 323 IPC To undergo RI for 3 months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Bahadur Singh, Sohan 323/149 IPC To undergo RI for 3 months Singh and Dhanna Singh each and to pay fine of Rs.50/- each, in default of payment of fine, to further undergo RI for 5 days.
Bahadur Singh, Amrik 323/149 IPC To undergo RI for 3 months Singh, Dhana Singh & each and to pay fine of Sohan Singh Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Bahadur Singh, Amrik 324/149 IPC To undergo RI for six Singh, Dhana Singh & months each and to pay fine Sohan Singh of Rs.100/-, in default of payment of fine, to further undergo RI for 7 days each.
Sohan Singh 323 IPC To undergo RI for 3 months and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days.
Bahadur Singh, Amrik 323/149 IPC To undergo RI for 3 months Singh and Dhana Singh each and to pay fine of Rs.50/-, in default of payment of fine, to further undergo RI for 5 days each.
All the sentences were ordered to run concurrently.
I need not dilate upon the facts of this case in detail as the same have already been recapitulated in the judgments of the learned Courts below and in view of the ultimate prayer of the petitioners seeking reduction in sentence.
I have heard the learned counsel for the parties and perused CRR 367 of 2006 7 the record.
Learned counsel for the parties state that the parties are related to each other being cousins. Learned counsel for the petitioners/complainants state that the parties have compromised the matter. In this regard, learned counsel for complainant in CRR No. 310 of 2006 has filed an affidavit of Amrik Singh son of Sher Singh dated 04.10.2012 and the same is taken on record. Learned counsel for the complainant in CRR No. 367 of 2006 states that the parties have compromised the matter. In this regard, learned counsel has filed an affidavit of Bahadur Singh dated 05.10.2012 and the same is taken on record.
Learned counsel for the petitioners in both cases further state they are not pressing their respective revision on merit and are not challenging the conviction on merit. They are only aggrieved against the sentence part. However, they pray that the sentence of the petitioners be suitably reduced as this criminal trial is hanging on their head like Damocle's sword for the last more than fifteen years and it should be a sufficient mitigating circumstance to treat them leniently. Counsel for the petitioners have further submitted that the FIR pertains to the year 1997 and since then a period of about fifteen years has elapsed. The petitioners have suffered the ordeal for long period. The parties are related to each others. They have realized the ordeal and have amicably settled to shun their differences and lead a cordial and harmonious life. Now sending them behind bars will not be conducive and in the interest of justice as it may CRR 367 of 2006 8 cause disturbance in the peaceful life of the parties.
In view of the arguments advanced by learned counsel for the petitioners in both cases, this Court is of the view that no useful purpose will be served by keeping the petitioners behind the bars as the petitioners have already faced ordeal for 15 years and had also effected compromise being close relatives. This is a mitigating circumstances, so it is a fit case wherein the sentence awarded to the petitioners can be reduced to the period already undergone. Ordered accordingly. However, sentence of fine and default clause shall remain intact.
With the observations made herein above, present revision petition is disposed of.
October 05, 2012 [ Paramjeet Singh ] vkd Judge