Lal Singh, Darshan Singh and Kapoor Singh vs The State of Punjab

Ashutosh Mohunta, J.—This is a revision against the judgment dated 4.7.1992 passed by the Additional Sessions Judge, Ferozepur, and the judgment dated 21.9.1991 passed by the Chief Judicial Magistrate, Ferozepur, vide which the petitioners-accused had been sentenced to undergo rigours imprisonment for one and a half years u/s 325/34 IPC and to pay a fine of Rs. 500/-. In default of payment of fine, they were ordered to further undergo R.I. for one moth. The petitioners had also been sentenced under various other Sections as detailed in the judgments of the Courts below.

The only argument raised by Mr. Bipan Ghai, learned counsel for the petitioners, is that the occurrence took place on 16-8-1988. As more than 13 years have elapsed, therefore, this Court may take a lenient view and reduce the sentence to the one already undergone by them.

On the other hand, learned counsel for the State, submits that as many as 25 injuries were caused to the complainant-Sampuran Singh and, therefore, no leniency may be shown to the accused.

After hearing the learned counsel for the parties, I find that more than 13 years have been elapsed since the date of occurrence. The complainant suffered two injuries on the foot and the leg which were declared grievous and are covered u/s 325 IPC. Rest of the injuries were simple in nature.

In this view of the matter, I reduce the sentence of the petitioners to one already undergone by them. Each of the petitioners shall, however, pay a sum of Rs. 10,000/- as compensation the complainant-Sampuran Singh. The amount shall be paid within a period of three months from the date of receipt of a certified copy of this order. In case the amount is not paid by the petitioners to the complainant within the specified period then the sentence as awarded by the Courts below shall be maintained.

With the above modification in the order of sentence, the revision is disposed of.