Rajinder Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Challenge in this criminal revision petition is to the judgment dated 17.04.2014 passed by learned Additional Sessions Judge, Sri Muktsar Sahib, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offence punishable u/s 498-A, IPC, was dismissed.

On 07.05.2014, when the present criminal revision petition came up for hearing, at that time learned counsel for the petitioner fairly conceded not to challenge the concurrent findings of both the Courts below with regard to conviction of the petitioner. However, he submitted that in view of the totality of the facts and circumstances of the case, the substantive sentence awarded to the petitioner was on higher side. Therefore, notice of motion was issued with regard to quantum of sentence only.

Mr. Surjit Singh Swaich, Advocate, has put in appearance along with the complainant-wife, Kanwaljit Kaur @ Inderjit Kaur, and submits that Kanwaljit Kaur @ Inderjit Kaur has no objection if the substantive sentence of the petitioner is reduced to the period already undergone by him and he (petitioner) is ordered to pay compensation of Rs. 50,000/- to her.

Learned counsel for the State has also agreed that it is a matrimonial dispute and if adequate compensation is awarded to the aggrieved wife (Kanwaljit Kaur @ Inderjit Kaur), who is present in Court, then he has no objection if the petitioner is set at liberty after reducing his substantive sentence to the period already undergone by him. Learned counsel for the State has also produced an affidavit of the Superintendent, Sub Jail, Sri Muktsar Sahib, showing the period of incarceration suffered by the petitioner, which is taken on record.

Learned counsel for the petitioner very fairly conceded that the petitioner would pay compensation of Rs. 50,000/- to the complainant-wife (Kanwaljit Kaur @ Inderjit Kaur) within one month of his release from the jail. He further submits that the compensation amount would be paid by way of bank draft to the complainant-wife (Kanwaljit Kaur @ Inderjit Kaur) in the presence of the learned trial Court.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

Though the learned counsel for the petitioner has opted not to challenge the conviction of the petitioner, but to satisfy the conscience of this Court, the material available on record has been reappraised.

Depositions of the witnesses and other material available on record would clearly show that the petitioner did commit the offence punishable u/s 498-A, IPC, and, as such, the learned counsel for the petitioner has rightly opted not to challenge the conviction of the petitioner. However, there is merit in his submissions that in view of the facts and circumstances of the case and the statement suffered by the complainant-wife, Kanwaljit Kaur @ Inderjit Kaur in the Court today that if some compensation is awarded to her then she has no objection if the petitioner is set at liberty after reducing the substantive sentence to the period already undergone by him.

Learned counsel for the State as well as the learned counsel representing the complainant have no objection to the submissions made by the learned counsel for the petitioner so far as the quantum of sentence is concerned. According to the affidavit produced by the learned counsel for the State, the petitioner had suffered incarceration for 2 months and 16 days as on 03.07.2014 and, as such, by now the petitioner has suffered incarceration for 2 months and approximately 28 days. The petitioner has also agreed to pay Rs. 50,000/- as compensation to the complainant-wife, Kanwaljit Kaur @ Inderjit Kaur. The present criminal revision petition has arisen out of a matrimonial dispute. The petitioner is neither required nor involved in any other case.

In view of the totality of the facts and circumstances of the case and the statements suffered by the complainant-wife, Kanwaljit Kaur @ Inderjit Kaur, in the presence of her counsel in the Court today that the petitioner be set at liberty and he may be ordered to pay Rs. 50,000/- as compensation, therefore, the substantive sentence of the petitioner, Rajinder Singh @ Raja, is ordered to be reduced to the period already undergone by him. He is further directed to pay Rs. 50,000/- as compensation by way of bank draft to the complainant-wife, Kanwaljit Kaur @ Inderjit Kaur, within one month of his release from the jail in this case. The said draft of Rs. 50,000/- shall be handed over to the complainant against receipt in the presence of Mr. Jasmail Singh Brar, the counsel representing the petitioner and Mr. Surjit Singh Swaich, the counsel representing the complainant. In case the petitioner fails to comply with the order passed by this Court, in that eventuality, the complainant would be free to move an application so that the petitioner may be ordered to undergo the remaining substantive sentence awarded to him by both the Courts below.

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