Ishwar Singh vs State of Punjab

Uma Nath Singh, J.—This Criminal Revision has been preferred by the accused petitioner against a judgment dated 23.3.2005 passed in Crl.Appeal No. 157 of 5.11.2004 by learned Additional Sessions Judge, FTC, Ferozepur, affirming judgment and order of learned Chief Judicial Magistrate, Ferozepur dated 1.11.2004 convicting the accused-petitioner u/s 326 IPC and sentencing him to RI for five years with a fine of Rs. 1,000/-. However, it is stated at the out-set that the petitioner prays for relief only on the quantum of sentence.

Brief facts of the case, as set out in the judgment of learned trial Magistrate in para No.2, on reproduction, read as under:-

Prosecution story, in brief, is that on 12.9.2001 police of Police Station Zira received telephonic message from DMC Hospital, Ludhiana regarding admission of injured Ajmer Singh s/o Nirval Singh, resident of village Golwar, District Amritsar. On this, ASI Rajinderpal Singh along with other police officials visited DMC Hospital, Ludhiana and sought opinion of doctor whether injured was fit to make statement or not and doctor declared injured fit to make statement. Then Ajmer Singh inured got recorded his statement to the effect that he is resident of village Golwar, District Amritsar and working as Peon in the Land Mortgage Bank, Zira for the last three years. On the day of occurrence, he was sleeping in front of the gate of bank. Then at about 11.30 PM Bahadur who was working as cook in the house of Hari Singh came to him and enquired from him whether he had taken liquor. Then complainant replied that he has not taken liquor as it was Tuesday. The Bahadur asked complainant to open door of the bank as he has to make telephonic call but complainant refused to do so. Then Bahadur went away and complainant went to sleep. Then at about 12.30 in the right, Bahadur came to the complainant and thrown acid on his face. As a result of which, he could not get up. At that time some other persons were also with the accused Bahadur. Persons who accompanied accused Bahadur caught arms of complainant and Bahadur tried to put acid in his mouth. Due to this, his lips were burnt. Out of them, two persons ran towards the street and Bahadur went towards the stair. He raised raula and persons who were sleeping in the bank woke up. Rama Bhaiya called Amrik Singh and they got him admitted in the Civil Hospital, Zira from where he was referred to DMC, Hospital, Ludhiana. On the basis of statement of complainant, FIR was registered. Case was investigated. Accused was arrested. After completion of investigation and necessary formalities, challan was presented in the Court for trial.

Learned counsel submitted that this is the first offence of the petitioner and he is in jail for the past three years, five months and sixteen days, which is enough to meet ends of justice in the circumstances of the case. Learned counsel further submitted that the fine amount has already been deposited and the petitioner being aged just over 18 years has learnt a lesson for life. Learned counsel also submitted that the incident took place in a fit of anger and the accused-petitioner is not a habitual offender. On the other hand, learned State counsel submitted that this is a case of acid throw on face and hence, the quantum of sentence need not be interfered in revision.

On due consideration, looking to the circumstances of the case that the accused-petitioner was charged and convicted only u/s 326 IPC and that in a feeling of remorse, he confessed the commission of offence and has pleaded leniency only on the quantum of sentence, I partly allow this criminal revision. However, I have also carefully considered the findings of learned Courts below on conviction and they appear to have been rendered after proper appreciation of evidence. Thus, Criminal Revision No.812 of 2005 succeeds in part to the extent that the sentence of five years'' RI of petitioner Ishwar Prahar is reduced to the period already undergone, which is three years, five months and sixteen days. However, the judgment of conviction is hereby affirmed. Thus, petitioner Ishwar Prahar son of Shamsher Singh shall be released forthwith on receipt of a copy of this order if not wanted in any other case.