Kewal Krishan Singh v. State Of Pb.

CRA-S-1928-SB -2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRA-S-1928-SB -2003 Date of Decision: 30.1.2017 Kewal Krishan Singh and others ..Appellants versus State of Punjab and another ..Respondents CRA-S-1982-SB of 2003 Date of Decision: 30.1.2017

1. Charan Dass son of Mangat Ram

2. Harinder Kumar @ Harvind son of Charan Dass both residents of Village Khanaura, P.S. Sadar, Hoshiarpur ..Appellants versus State of Punjab ..Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Munish Gupta, Advocate, for the appellants (in CRA-S-1928-SB-2003) and for the complainant/respondents (s) (in CRA-S-1982-SB-2003) Ms. Amandip Kaur, Advocate for the appellants (in CRA-S-1982-SB-2003) and for respondent No.2 (in CRA-S-1928-SB-2003) Mr. A.S.Klar, Assistant Advocate General, Punjab. RAMENDRA JAIN, J. (ORAL) By way of this judgment, I shall dispose of two appeals, being CRA-S-1928-SB-2003 ( Kewal Krishan Singh and others versus State of Punjab and others) and CRA-S-1982-SB-2003 ( (Charan Dass and another versus State of Punjab) together as they arise out of the same occurrence.

CRA-S-1928-SB -2003 2 The appellants, namely, Kewal Krishan Singh, Nirmal Singh, Joginder Ram and Tirath Ram ( in Criminal Appeal No. 1928-SB of 2003) and appellants, namely, Charan Dass and Harinder Kumar @ Harvind (in Criminal Appeal No. 1982-SB of 2003) have challenged judgments and orders, dated 10.10.2003, passed by the Additional Sessions Judge (Adhoc), Hoshiarpur, separately, convicting and sentencing them under sections 326/326/34, 324 and 323 IPC and 307/307/34 IPC, respectively in the following terms:- (CRA-S- 1928-SB of 2003) Tirath Ram U/s 326 IPC To undergo RI for four years and to pay a fine of Rs.1000/- or in default of payment of fine to further undergo RI for one month.

Kewal Krishan Singh U/s326 IPC To undergo RI for four years each Nirmal Singh and read with Joginder Ram Section 34 IPC and to pay a fine of Rs.1000/- each or in default of payment of fine to further undergo RI for one month each.

Tirath Ram U/s 324 IPC To undergo RI for two years each Kewal Krishan Singh Nirmal Singh & Joginder Ram U/s 323 IPC To undergo RI for six months each.

(CRA-S- 1982-SB of 2003) Similarly, sentences recorded against the appellants, namely Charan Dass and Harinder Kumar @ Harvind by the Additional Sessions Judge (Adhoc), Hoshiarpur, under sections 307 and 307 read with Section 34 of

CRA-S-1928-SB -2003 3 the Indian Penal Code are in the following terms:- Charan Dass U/s 307 IPC To undergo RI for four years and to pay a fine of Rs.1000/- or in default of payment of fine to further undergo RI for one month.

Harinder Kumar U/s 307 read To undergo RI for four years and to with S.34 IPC pay a fine of Rs.1000/- or in default of of payment of fine to further undergo RI for one month.

At the time of hearing of both these appeals, learned counsel for the appellants have outrightly contended that with the intervention of the respectables of the village and relatives of the parties, a compromise has been arrived at between them amicably and as such, both the parties have now cordial relations with each other. The appellants (in both these appeals), who are present in court, have stated that they are ready to make their joint statements qua the compromise. Affidavits of Charan Dass and Harinder Kumar @ Harvind (appellants in CRA-S-1982-SB-2003) and (complainant in CRA-S-1928-SB-2003), dated 8.3.2014, Exhibits A-1 and A-2 qua the compromise have already been filed in the court.

Similarly, Kewal Krishan Singh-complainant and Nirmal Singh-injured who are appellants in CRA-S-1928-SB-2003, have already filed their respective affidavits vide CRM-8251-2014.

CRA-S-1928-SB -2003 4 30.1.2017 to the following effect:- " With the intervention of respectables of the village and relatives of the parties, we have amicably settled our dispute with the appellants, namely; (i) Charan Dass and (ii) Harinder Singh @ Harvind both residents of our village voluntarily without any pressure from any corner. The compromise between us would bring harmony in the village and, thus, is in the interest and benefit of both the parties. Since, now no dispute remains between us and, therefore, we do not want any action against the aforesaid appellants with intent to live peacefully. We have also no objection in case the appeal (CRA-S-1982-SB-2003) is accepted and the aforesaid appellants are acquitted of charges while setting aside the impugned judgment of conviction and order of sentence dated 10.10.2003 passed by the learned Additional Sessions Judge (Ad hoc), Hoshiarpur. Our affidavits in this regard are Exhibits A-1 and A-2 respectively."

Similar is the joint statement made by Charan Dass son of Mangat Ram, and Harinder Kumar @ Harvind-injured son of Charan Dass (appellants in CRA-S-1982-SB-2003) and (complainant in CRA-S-1928SB-2003) on 30.1.2017 before this court. I have also questioned the complainants-injured persons, in both these appeals, referred to above, in the open court, qua the compromise arrived at between them. In view of the settlement, the complainant/injured persons wanted to forgive and forget the offences committed by them. They have no objection if the appeals are accepted and the appellants are

CRA-S-1928-SB -2003 5 acquitted of charges by setting aside the judgments of conviction and orders of sentence, dated 10.10.2003 passed by the Additional Sessions Judge (Adhoc), Hoshiarpur.

As per the custody certificates placed on the record, it transpires that out of the sentence of imprisonment of four years awarded, Harinder Kumar @ Harvind and Charan Dass (appellants in CRA-S-1982SB-2003) had already served their respective imprisonments for 11 months, and one year and more than two months. A perusal of the paper-book also shows that the accused-appellants, namely Kewal Krishan Singh, Nirmal Singh, Joginder Ram and Tirath Ram, (in CRA-S-1928-SB-2003) were convicted and sentenced under Sections 326/326/34, 324 and 323 IPC by the Additional Sessions Judge (Ad hoc), Hoshiarpur, on 10.10.2003. All these four appellants filed appeal along with the application for suspension of their sentence before this Court, on 13.10.2003. The appeal was admitted on 16.10.2003 and notice of the application for suspension of sentence was also issued for the date fixed. The appellants were granted bail vide order dated 4.3.2004 passed by this court. All this shows that the appellants remained in custody since 10.10.2003 to 4.3.2004, i.e. almost for four months and twenty three days.

Although, the offences punishable under sections 307 and 326 IPC are non compoundable, but at the same time, the fact may be taken into consideration for the purpose of reduction of sentence. Accordingly, this court is of the view that since the compromise between the parties has been arrived at amicably, without any coercion or pressure from any side as also considering the fact that both the parties do not want any action against each other and lead a peaceful life, therefore, the conviction recorded against the

CRA-S-1928-SB -2003 6 appellants, namely, Kewal Krishan Singh, Nirmal Singh, Joginder Ram and Tirath Ram, under sections 326/326/34, 324 and 323 IPC (in CRA-S-1928SB of 2003) and the appellants, namely, Charan Dass and Harinder Kumar @ Harvind (appellants in CRA-S-1982-SB-2003) is maintained and the sentence of imprisonment imposed upon the aforementioned appellants by the Additional District Judge, (Adhoc), Hoshiarpur, under various offences of the Indian Penal Code, is reduced to the period already undergone by them.

Both these appeals (CRA-S-1928-SB of 2003 and CRA-S1982-SB-2003) are disposed of in the above terms. 30.01. 2017 ( RAMENDRA JAIN ) VK JUDGE 1.

Whether reasoned/speaking Yes/No 2.

Whether reportable Yes/No