RITU BAHRI, J. (Oral)
Petitioner-Bawa Singh was convicted and sentenced vide order dated 18.8.2011 passed by the Sub Divisional Judicial Magistrate, Budhlada as under:-
Conviction under Section Period of Sentence 326 IPC Three years rigorous imprisonment with fine of Rs. 1,000.00, in default whereof to undergo further imprisonment for a period of three months.
323 IPC One year rigorous imprisonment with fine of Rs. 500.00 in default whereof to undergo further imprisonment for a period of one month.
Both the sentences were ordered to run concurrently.
Aggrieved by the above said order, the petitioner preferred an appeal and the same was dismissed qua petitioner-Bawa Singh by the Sessions Judge, Mansa, vide order dated 18.3.2013 Hence, the present revision petition.
Brief facts of the case are that on 30.10.2004 the complainant was going on his tractor HMT 5911 to his fields for preparing boundaries. When he moved out of his house on the metalled road, Bawa Singh, who was having a Gandasa on his left shoulder, carrying along a cycle with his right hand, along with his wife Labh Kaur, who was empty handed, came there. On seeing the complainant, Bawa Singh abused him and parked his cycle on side of the road. At this, the complainant stopped his tractor. Bawa Singh came in front of the tractor and thereafter gave him Gandasa blows which hit the complainant on his index finger, knee and back side of the shoulder. On raising an alarm, his father Jangir Singh and his brother Hardev Singh came on the spot and rescued him. Bawa Singh and his wife Labh Kaur fled from the spot. In this background, the FIR was got registered and after necessary investigation, challan was presented in the Court.
Charges were framed against the accused for having committed an offence punishable under Sections 326, 323 read with Section 34 IPC to which the accused pleaded not guilty and claimed trial.
Prosecution examined PW1 to PW6 in order to prove its case. Statements of the accused under Section 313 Cr.P.C were recorded wherein all the incriminating evidence put to them to which they denied as incorrect and pleaded innocence.
The trial Court after going through the entire evidence led by the prosecution convicted the petitioner under Sections 326 and 323 and sentenced him to undergo rigorous imprisonment for three years along with fine of Rs. 1,000/-. In default, to further undergo rigorous imprisonment for three months. The judgment of the trial court dated 18.8.2011 was affirmed by the lower Appellate Court qua present petitioner and the accused Labh Kaur was released on probation.
Learned counsel for the petitioner at the outset has not challenged the order of conviction but restricts his prayer that the sentence of the petitioner be reduced to the period already undergone by him as he is facing trial since 2004.
The judgments of conviction passed by both the Courts below do not require any interference and the same are upheld. However, a lenient view is taken on the quantum of sentence of the petitioner.
During the pendency of the present revision petition, this Court vide order dated 16.7.2013 had suspended the sentence of the petitioner, till the decision of the present revision petition. As per Custody Certificate, the petitioner at that time had undergone four months of actual imprisonment and earned remission of 15 days and one more complaint case was pending against him.
The grievous injury which has been attributed to Bawa Singh is on the knee, two injuries on the index finger and on the shoulder. The petitioner was armed with a Gandasa.
Resultantly, the conviction of the petitioner under Sections 326 and 323 IPC is upheld. However, keeping in view that the incident in this case took place on 30.10.2004 and the petitioner has faced the criminal trial for almost nine years as of today, his sentence is being reduced to the period already undergone by him subject to the condition that the petitioner shall made a payment of Rs. 20,000/- to the complainant within a period of two months. However, in case the petitioner fails to pay the said amount within the stipulated period, he shall have to undergo the remaining sentence.
With the aforesaid modification, this revision petition is dismissed.