Nain Singh vs State of Haryana

Naresh Kumar Sanghi, J.

CRM-1851-2014:

Prayer in this criminal miscellaneous application is for placing on record the documents (Annexures A-2 to A-11).

Notice of the application was issued to the respondent and in response thereto learned counsel for the State has put in appearance.

Heard.

Allowed as prayed for. The documents (Annexures A-2 to A-11) are taken on record.

CRM-1852-2014:

Prayer in this criminal miscellaneous application is for fixing an actual date of hearing in CRA-S-1014-SB of 2012.

In response to the notice issued vide order dated 21.1.2014, learned counsel for the State has put in appearance.

Heard.

With the consensus of learned counsel for the parties, Criminal Appeal No. 1014-SB of 2012 is ordered to be taken on Board of today''s roster for final disposal.

Criminal miscellaneous application stands disposed of.

CRM-1853-2014:

Prayer in this criminal miscellaneous application, filed u/s 482, Cr.P.C., is to implead Bishan Singh and Jagdish, both sons of Tejpal; Smt. Raghbar wife of Tejpal; Virender son of Lakhi Ram; and Kiran Singh son of Duli Chand, all residents of Village Durgapur, Tehsil and District Palwal, as respondent Nos. 2 to 6.

Notice of the application was issued to the respondent State vide order dated 21.1.2014 and in response thereto learned counsel for the State has put in appearance.

It has been contended that during pendency of the appeal, the injured - Tejpal had expired, therefore, the legal heirs of Tejpal and other injured/affected persons are necessary to be impleaded as respondents.

Heard.

In view of the grounds mentioned in the present criminal miscellaneous application, which is supported by an affidavit, the same is allowed and aforementioned persons are permitted to be impleaded as respondent Nos. 2 to 6. The amended memo of parties filed along with the application is taken on record. The Registry is directed to place the same at an appropriate place in the paper book.

At this stage, Mr. Jitender S. Sherawat, has put in appearance on behalf of newly added respondent Nos. 2 to 6 and accepts notice.

Criminal miscellaneous application stands disposed of.

CRM-1854-2014:

Prayer in this criminal miscellaneous application is for deciding Criminal Appeal No. 1014-SB of 2012 by taking into consideration the compromise effected between the private parties.

Learned counsel for the applicant-appellants and learned counsel for respondent Nos. 2 to 6 submit that the present appeal may be decided keeping in view of the compromise (Annexure A-2) entered into between the private factions.

Heard.

The compromise (Annexure A-2) has been placed on record. The same shall be taken into consideration while hearing the appeal.

Criminal miscellaneous application stands disposed of.

CRA-S-1014-2012:

Nain Singh @ Nem Singh, Nihal Singh, Kamal Singh, Kaptan Singh and Niranjan Singh were charge sheeted for the offences punishable under Sections 148, 302, 323, 324, 325, 326, 452 and 459 read with Section 149, IPC, vide order dated 10.2.2009 by the learned Additional Sessions Judge, Palwal. During pendency of the appeal, Kaptan Singh had expired, therefore, proceedings qua him were dropped.

After completion of the trial, the learned Trial Court held the appellants guilty for the offences punishable under Sections 148, 323, 324, 325, 452 and 459 read with Section 149, IPC, and each one of them was ordered to undergo the following sentences vide order dated 1.3.2012:-

All the substantive sentences were ordered to run concurrently.

At the very outset, learned counsel for the appellants submits that during pendency of the appeal, better sense has prevailed and both the private factions have sorted out their disputes and effected a compromise. He further submits that for the last several years there was deep-rooted enmity between both the private factions, but due to intervention of the respectable and elderly people of the society, they have buried their all litigation and effected a compromise (Annexure A-2). He further submits that all the offences for which the appellants were held guilty, are personal in nature. He also contends that the main offences punishable under Sections 323 and 325, IPC, for which the appellants have been convicted and sentenced, are compoundable. He also contends that appellant Nos. 1 and 2, namely, Nain Singh @ Nem Singh and Nihal Singh, have suffered incarceration for more than four months, appellant No. 3, Kamal Singh, has undergone the substantive sentence of one year and more than three months, while appellant No. 4, Niranjan has also suffered the substantive sentence of more than nine months. It has also been contended that after filing of the appeal, one of the injured, namely, Tejpal, who had received the injury attracting the mischiefs of Sections 323, 324 and 325, IPC, has since expired, therefore, his legal representatives have been arrayed as respondent Nos. 2, 3 and 4 in the present proceedings. The affidavits of injured Jagdish and legal representatives of Tejpal (since deceased) have been placed on record, disclosing the factum of the compromise. He prays that the substantive sentences of the appellants may be ordered to be reduced to the period already suffered by each one of them.

Learned counsel for the State submits that the appellants have caused multiple injuries on the person of Jagdish and Tejpal, therefore, they are not entitled to any leniency by this Court. However, he submits that both the private factions have effected compromise in all pending cases and in view of the said compromise their sentence can be reduced to the period already undergone by them. However, he submits that in view of the fact that the appellants have consumed valuable time of the public authorities as also of the Courts, therefore, they should be burdened with heavy costs.

Learned counsel for the private respondents has admitted the factum of the compromise and has no objection if the present appeal is decided while taking into consideration the factum of compromise. He further submits that he has no objection if the appellants are dealt with soft-hand and their sentence is reduced to the period already undergone by them. He further submits that the private factions had lot of cases with each other and due to intervention of the elderly and respectable people of the society, the compromise has been effected in all the said cases.

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

The appellants were held guilty for the offences punishable under Sections 148, 302, 323, 324, 325, 326, 452 and 459 read with Section 149, IPC. During pendency of the appeal better sense has prevailed and both the private factions have sorted out their all disputes and effected a compromise. The offences punishable under Sections 148, 324, 452 and 459, IPC, are non-compoundable, therefore, at this stage the appellants cannot be acquitted in view of the compromise (Annexure A-2). However, taking into consideration the spirit of the compromise (Annexure A-2), the appellants can be dealt with leniency with regard to sentence. According to the material available on record, appellant Nos. 1 and 2, namely, Nain Singh @ Nem Singh and Nihal Singh, have suffered incarceration for more than four months, appellant No. 3, Kamal Singh, has undergone the substantive sentence of one year and more than three months, while appellant No. 4, Niranjan has also suffered the substantive sentence of more than nine months. Taking into consideration the ratio of the judgments delivered in the cases of Gian Singh Vs. State of Punjab and Another, ; Kulwinder Singh and Others Vs. State of Punjab and Another, ; and Ram Pujan and Others Vs. State of Uttar Pradesh, the substantive sentences of the appellants are ordered to be reduced to the period already undergone by each one of them. The fine imposed upon each of the appellants by the learned Trial Court shall remain undisturbed.

With the above modification in the order of sentence, the present appeal is partly allowed.