Baldev Singh vs State of Haryana

S.S. Grewal, J. (Oral)

Baldev Singh petitioner along with his other two coaccused namely Gurdev Singh and Sukhdev Singh (since acquitted) were tried under Sections 323 and 325 read with Section 34 of the Indian Penal Code, for voluntarily causing hurt to Jugraj Singh PW on 5.10.1985 in the area of Village Nilianwali, Police Station Sadar, Dabwali District Sirsa. Sukhdev Singh and Gurdev Singh coaccused of the present petitioner were acquitted whereas Baldev Singh petitioner was convicted under Sections 323 and 325 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three months under Section 325 IPC and was further sentenced to undergo rigorous imprisonment for six months under Section 325 of the Indian Penal Code. Both the sentences were ordered to run concurrently by Judicial Magistrate 1st Class, Dabwali, vide order dated 14.12.1992. Appeal filed by the petitioner against his order of conviction and sentence passed by the trial Magistrate was. dismissed vide order of Add. Sessions Judge, Sirsa dated 17.12.1993. Aggrieved against the order of conviction and sentence passed by the courts below, the petitioner filed the present revision petition in which notice was issued only qua the quantum of sentence to be awarded to the petitioner as well as to consider the question whether benefit of Probation of Offenders Act can be granted to the petitioner or not.

In brief facts of the prosecution case are that Gurcharan Singh first informant is the brother of Jugraj Singh injured who is a school teacher whereas three other brothers used to cultivate their land. On 5.10.1985 at about 8 p.m. Gurcharan Singh alongwith Dilawar Singh and Avtar Singh his nephews was going to the village Gurdwara and when they reached near the PHLIA bridge over the canal, Baldev Singh petitioner was seen giving thrust blows with lathi to Jagraj Singh after raising a lalkara to teach him a lesson for filing a suit for preemption. The thrust blows were given on the left ear of Jagraj Singh while the latter was coming back to the village. Jagraj Singh fell down on the ground on receipt of the said injuries. Thereafter, Baldev Singh accused continued giving thrust blows to Jagraj Singh while the latter was lying on the ground. Meanwhile, Sukhdev Singh and Gurdev Singh brothers of the petitioner came there. The first informant with the help of his nephews Dilawar Singh and Avtar Singh came forward and rescued Jagraj Singh from the clutches of the petitioner and his other coaccused. The motive for the crime was that Jagraj Singh filed a suit for preemption in respect of land measuring four killas which was purchased by Kartar Singh and Baldev Singh petitioner was in cultivating possession of the said land. Baldev Singh apprehended that after success in the civil suit, the complainant party would dispossess him. After the occurrence Jagraj Singh injured was removed to Civil Hospital Dabwali, where he was medically examined. After completion of the investigation, petitioner and his other two coaccused were challaned and tried only petitioner was convicted by the courts below as already stated earlier.

Learned counsel for the parties were heard. Learned counsel for the petitioner submitted that the petitioner underwent agony of trial for more than 7 years in the trial court and his appeal also remained pending for about a year before the appellate court and prayed that lenient view may be taken.

Taking into consideration the fact that the petitioner has already undergone agony of trial for a sufficiently long time, in my view, ends of justice would be fully served in case the sentence awarded to the petitioner is reduced to that already undergone and I order accordingly. This petition is allowed to the extent indicated above.