Buta Singh And ORS v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRR No. 4569 of 2016 (O&M) Date of Decision : 20.04.2017 Buta Singh and others ....Petitioners

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Monita Mehta, Advocate for the petitioners.

Mr. Jashanpreet Singh, AAG, Punjab.

Surinder Gupta, J.

This is revision against judgment dated 08.08.2016 passed by Additional Sessions Judge, Hoshiarpur whereby appeal filed by petitioners was dismissed and conviction and sentence awarded to them by the trial Court was upheld.

2.

Petitioners were convicted and sentenced by the trial Court as follows:- Name of accused Under Section Sentence Fine In default 452 IPC Imprisonment for 2 years each `500/- each Imprisonment for 1 month Buta Singh, Jarnail Singh, Ashwani Kumar & Ram Dulari Buta Singh, Jarnail Singh 326 IPC Imprisonment for 2 years - - Ashwani Kumar and Ram Dulari 326 read with Section 34 IPC - - - Ashwani Kumar and Ram Dulari 324 IPC Imprisonment for 1 year - - Buta Singh and Jarnail Singh 324 read with Section 34 IPC Imprisonment for 1 year - - Buta Singh, Jarnail Singh, Ashwani Kumar and Ram Dulari 323 IPC Imprisonment for 1 year - - 3.

Learned counsel for petitioners has not challenged conviction

-2of petitioners as recorded by the Courts below on merits but requested for lenient view, submitting that petitioners have already undergone about one year of imprisonment and have suffered for the offence committed by them. He has sought reduction of sentence awarded to petitioners to the period of imprisonment already undergone by them as they are not previous convicts and occurrence has taken place at the spur of moment because of exchange of hot words between son of complainant and petitioner no. 1-Buta Singh son of Dhani Ram.

4.

Custody certificates produced on file shows that petitioner no. 1-Buta Singh has undergone nine months and five days of imprisonment as on 02.02.2017, meaning thereby that he has undergone about one year of imprisonment by now. Similar imprisonment has also been undergone by petitioner no. 2-Jarnail Singh while petitioner no. 3-Ashwani Kumar has undergone about 10 months and 18 days of imprisonment by now. 5.

In the occurrence, Harjinder Singh had suffered four injuries out of which three injuries were complain of pain and fourth injury was incised wound of 4 cm. X 1.5 cm. on back of left arm. All injuries on the person of Harjinder Singh were declared simple in nature. Kamlesh Kumari other injured has suffered two injuries caused by sharp-edged weapon and both were declared grievous in nature. These injuries were on left forearm and left ring finger. Neither of the injury was on vital part of the body. There is nothing on file to show that petitioners are previous convicts. Prior to occurrence, there was exchange of hot words between petitioner no. 1Buta Singh and Harjinder Singh son of complainant-Kamlesh Kumari. Both the parties are from same village .

-36.

Keeping in view the facts discussed above, I am of the opinion that it is a good case where a lenient view regarding quantum of sentence awarded to petitioners, can be taken. Consequently, sentence awarded to petitioners for offences punishable under Sections 452 and 326 IPC is reduced from rigorous imprisonment for two years to rigorous imprisonment for 18 months. However, amount of fine imposed on petitioners is enhanced from `500/- to `5000/- each which on payment be paid to both the injured in equal shares.

Disposed of with above modification.

April 20, 2017 ( SURINDER GUPTA) jk JUDGE Whether speaking/Reasoned Yes/No Whether Reportable Yes/No