Alamjit Singh vs Amrik Singh

M.L. Singhal, J.

This is Crl. Revision No. 709 of 1998 filed by one Alamjit Singh whereby he has prayed that the order passed by Judicial Magistrate 1st Class, Karnal dated 18.5.1998 in case F.I.R. No. 210 dated 8.5.1996 registered at Police Station Assandh under Sections 148/149/323/325/452/506 Indian Penal Code, whereby on conviction he has not sentenced them to substantive sentence but has ordered their release on probation of good conduct be set aside and instead they be substantively sentenced.

The prosecution case, in brief, is that on 7.5.1996 at about 7 A.M. Amrik Singh reached the residential dera of Alamjit Singh alongwith Baj Singh, Dilbag Singh, Mohar Singh, Mangal, Joginder and Billu alias Hardev Singh on a tractor trolley armed with lathis and gandasis, Alamjit Singh''s mother Gurmeet Kaur and wife Manjit Kaur were present in the house/dera. Amrik Singh etc. were constituting an unlawful assembly variously armed. They raised alarm that they will teach them lesson for not allowing the water to pass through their fields. They opened attack. Amrik Singh was armed with gandasi while others were armed with lathis. Amrik Singh dealt blow on the right hand of Alamjit Singh using gandasi dangwise. Baj Singh dealt lathi blow on the left hand of Alamjit Singh. Dilbag Singh dealt lathi blow on the right foot of Alamjit Singh. Mohar Singh dealt lathi blow on the left foot of Alamjit Singh. Joginder Singh dealt lathi blow on Gurmeet Kaur. Billu dealt lathi blow to Manjit Kaur. They raised alarm. Occurrence was witnessed by Alamjit Singh''s father Balbir Singh and brother Rajbir Singh. They rescued them from the clutches of the accused. Matter was reported to the police by Alamjit Singh on 8.5.1996 on the basis of which case was registered. After investigation, Amrik Singh and others were challaned.

Amrik Singh and others were charged under Sections 148/323/325/452 read with Section 149 Indian Penal Code by the Magistrate.

On the conclusion of the trial, learned Judicial Magistrate Ist Class, Karnal found the charge proved against them under Sections 323/325/452/148 read with Section 149 Indian Penal Code and he, accordingly, convicted them thereunder vide order dated 16.5.1998. Vide order dated 18.5.1998, he instead of sentencing them at once to any imprisonment ordered their release on their entering into bonds without supervision in the sum of Rs. 10,000/ with one surety in the like amount for a period of six months. In addition, he called upon the accused to pay an amount of Rs. 3500/ as compensation be the shared by Alamjit Singh and his mother in equal shares.

At the motion stage, grant of benefit of probation of good conduct in view of the provisions of Section 360 Code of Criminal Procedure to respondents 2 and 4 to 7 was felt to have been justified. So, revision was declined qua them at the motion stage. Notice was issued to Amrik Singh and Gurbaj Singh as the grant of benefit of provisions of Section 360 Cr.P.C. was not felt to have been justified so far as they are concerned.

I have heard learned counsel for the parties and have gone through the record.

To Amrik Singh the attribution is that he dealt gandasi blow lathiwise to Alamjit Singh which fell on his right hand. To Amrik Singh thus injury No. 4 found by the doctor on the medical examination of Alamjit Singh has been attributed. Injury No. 4 is bruise and diffused swelling present on the doresum of the right hand and middle and ring fingers of the right hand. Bruise was bluish and black in colour. This injury was found grievous by the Radiologist as a result of its Radiological examination. He found fracture of Metacarpel bone of the right hand. To Baj Singh the attribution is that he dealt lathi blow on the left hand of Alamjit Singh. Not only Amrik Singh dealt blow to Alamjit Singh he dealt blow to his mother Gurmeet Kaur also. It was Amrik Singh who carried this caravan variously armed to the residential dera of Alamjit Singh on a tractor trolley with a view to causing them injuries. It was he who was heading this unlawful assembly. Amrik Singh etc. caused as many as seven injuries to Alamjit Singh out of which one was grievous. They caused as many as six injuries to Smt. Gurmeet Kaur. So far as Smt. Gurmeet Kaur is concerned, she is an old woman. Amrik Singh and Gurbaj Singh were previous convicts in case F.I.R. No. 225 dated 17/18.8.1979 of PS Assandh by Judicial Magistrate 1st Class, Karnal on 22.10.1982 under Sections 325/323/34 Indian Penal Code but had been released on probation. In the face of that they were previous convicts, they could not have been released on probation of good conduct this time. Section 360 Code of Criminal Procedure reads as follows :

"JUDGMENT to release on probation of good conduct or after admonition (1) When any person not under twentyone years of age if convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twentyone years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct any in the meantime to keep the peace and be of food behaviour."

Section 3 of the Probation of Offenders Act reads as follows :

"3. Power of court to release certain offenders after admonition When any person is found guilty of having committed an offence punishable under Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any other law, and no previous conviction is proved against him and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under Section 4, release him after due admonition".

It is thus clear that a previous convict could not have been released on probation of good conduct. It was held in re : Kunda Papanna and others, AIR 1953 Madras 877 that every court must award the sentence suited to the offence and the offender. It is thus the duty of the court to commensurate the sentence with the offence committed keeping in view, however, his past antecedents. In this case, Amrik Singh and Gurbaj Singh should have been sentenced to substantive sentence. They are, accordingly, sentenced to undergo RI for 3 months and to pay a fine of Rs. 200/ or in default of payment of fine they shall further undergo RI for 15 days u/s. 148 I.P.C. They are sentenced to undergo RI for 3 months and to pay a fine of Rs. 200/ or in default of payment of fine, they shall further undergo RI for 15 days u/s. 452 I.P.C. Amrik Singh is sentenced to undergo RI for 6 months and to pay a fine of Rs. 500/ or in default of payment of fine, he shall further undergo RI for one month u/ss. 325 I.P.C. Baj Singh is sentenced to undergo RI for 6 months and to pay fine of Rs. 500/ or in default of payment of fine, he shall further undergo RI for one month u/s. 325/149 I.P.C. He is sentenced to undergo RI for three months u/s. 323 I.P.C. Amrik Singh is sentenced to undergo RI for 3 months u/ss. 323/149 I.P.C. Substantive sentences shall run concurrently. Fine if recovered shall go to Alamjit Singh and Gurmeet Kaur equally. Revision is accepted qua Amrik Singh and Gurbaj Singh.

JUDGMENTed accordingly.