Rajbir Singh vs State of Punjab

The present appeal has been filed challenging the judgment

and order of sentence dated 23.01.2012 passed by the trial Court

convicting the appellant - Rajbir Singh along with co-accused Harpreet

Singh, Som Nath, Pradeep Kumar under Sections 307, 450, 325, 323,

506, 341, 148 and 149 of the Indian Penal Code (in short '' IPC '') vide

which the appellant was sentenced to undergo rigorous imprisonment

for a period of 10 years and to pay a fine of Rs.19,500/-.

At the very outset, counsel for the appellant has submitted

that he do not want to contest the appeal qua the conviction of the

appellant under Section 307 IPC and has further submitted that his

sentence may be reduced to the sentence which the appellant has

already undergone as the appellant is in judicial lock up since

18.03.2014.

Brief facts of the case are that FIR No.230 dated

05.11.2009 under Sections 307, 450, 325, 323, 506, 341, 148 and 149

IPC at Police Station Sadar Phagwara was registered on the statement

of Tilak Raj who stated that on 04.11.2009, he was coming to his

village on a motorcycle make Bullet bearing No.PB10-AA-1339 and in

the meantime, another motorcycle overtook his motorcycle. The driver

of the said motorcycle was co-accused Harpreet Singh @ Happy and

pillion rider was his brother namely Rajbir Singh (appellant). The third

person was Soma and the fourth person was not known to him. After

blocking the way, all the four persons started abusing him and gave

injuries. Later in the evening at about 06:30 PM, the accused persons

along with 14-15 other persons came armed with weapons and caused

injuries to the complainant - Tilak Raj, Gurcharan Kaur, Vijay Kumar

and Surjit. It is further stated that the appellant - Rajbir Singh gave

gandasi blow on the head of Surjit. Thereafter, Mohinder Pal and Rajbir

caught hold his sister Gurcharan Kaur and they gave gandasi blow from

the reverse side on the person of his sister. They also inflicted injuries

on the person of Vijay Kumar upon his shoulder and left wrist and on

raising voice, people gathered there and saved them.

The trial Court on appreciation of the oral as well as

medical evidence held all the persons guilty of offences punishable

under Sections 307, 450, 325, 323, 506, 341, 148 and 149 IPC.

The appellant was awarded 10 years rigorous

imprisonment under Section 307 IPC for causing injuries to the

complainant and Gurcharan Kaur, which was declared dangerous to

life. The other 04 accused persons were awarded 03 years rigorous

imprisonment along with fine.

Counsel for the appellant has submitted that the appellant

is in judicial custody since 18.03.2014 and has undergone 05 years, 04

months and 06 days of actual sentence and 09 years and 28 days of total

sentence including remissions out of 10 years rigorous imprisonment

awarded by the trial Court.

As noticed in the order dated 29.11.2017, there was a delay

of 1808 days in filing the appeal which has been condoned vide

separate order, it is apparent that the appellant is in continuous judicial

custody.

Counsel for the respondent - State has filed the Custody

Certificate of the appellant dated 28.11.2017 and according to this

certificate, the appellant has undergone 05 years, 04 months and 06

days of actual sentence and 09 years and 28 days of total sentence

including remissions. However, a perusal of the Custody Certificate

show that the appellant has already undergone sentence awarded by the

trial Court in 02 other FIRs i.e. FIR No.53 dated 08.11.2013 registered

under Section 379 IPC at Police Station Satnam Pura, District

Kapurthala and FIR No.122 dated 17.10.2013 registered under Section

382 read with Section 34 IPC at Police Station Goraya.

A perusal of the Custody Certificate further show that the

appellant was acquitted in 02 other FIRs i.e. FIR No.141 dated

13.11.2013 registered under Section 21 of the NDPS Act at Police

Station City Phagwara and FIR No.115 dated 28.09.2013 registered

under Sections 395, 379, 411 IPC at Police Station City Phagwara.

At this stage, counsel for the appellant has submitted that

all the FIRs relate to the period 2009 to 2013, in which the appellant

has either undergone the sentence and has been acquitted by the Court

in the said cases and after 2013, the appellant is not involved in any

other case. Counsel for the appellant has further submitted that the

appellant has already undergone the substantive sentence and he has his

own family to support and in case, the Court takes a lenient view, the

same will enable the appellant to reform himself.

After hearing counsel for the parties and in view of the fact

that the appellant has not challenged his conviction awarded by the trial

Court under Section 307 IPC and has only restricted his arguments qua

the sentence awarded by the trial Court and further considering the fact

that the appellant has undergone 05 years, 04 months and 06 days of

actual sentence and 09 years and 28 days of total sentence including

remissions out of 10 years rigorous imprisonment awarded by the trial

Court; the appellant is a young person and has his own family to

support; he has been acquitted in 02 other FIRs; after 2013, he is not

involved in any other case/FIR; he has faced the agony of protracted

trial since 2009 i.e. for a period of 08 years and also in view of the fact

that he is a poor person as he could not file the appeal within time

which was filed after a delay of 5? years, the present appeal is partly

allowed and the sentence of 10 years awarded by the trial Court along

with fine of Rs.19,500/- is reduced to the period already undergone by

the appellant. The appellant be released forthwith, if not required in any

other case.

With the aforesaid modification, this appeal is disposed of.