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2011 Supreme(P&H) 425
2011(2) Law Herald (P&H) 977
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Gurdev Singh
Crl. Rev. No. 732 of 2005 (O&M)
Gurdip Singh & Ors.
v.
State of Punjab
{Decided on 03/02/2011}
For the Petitioners:Mr. Kuldeep Sanwal, Advocate.
For the Respondent: Ms. Gagan Mohini, AAG, Punjab.
For the Complainant:Mr. Jagjit Singh, Advocate.
IMPORTANT POINT
First Information Report--Delay in lodging the FIR is not fatal to the prosecution nor promptness in lodging can guarantee the truth of the facts noted therein
Headnote:(A) Indian Penal Code, 1860, S.324 and 326--Voluntarily Causing Hurt--Reduction in sentence--Accused charged for the offences u/s 324 and 326 of the IPC--Grievous injuries were found on the non vital part of the body and other injuries were on the forehead of the victim--Delay in filing of FIR satisfactorily explained--There was long standing litigation between the parties and it was the motive on the part of the accused to cause injuries--Appellant convicted and sentenced for a period of two years u/s 326 of IPC by the Trial Court--On appeal, conviction and sentence reduced to one and half years--Court keeping in view the protracted trial, further reduced the sentence to one year--Ordered accordingly.
(B) Criminal Procedure Code, 1973, S.154--First Information Report--Delay in lodging the FIR is not fatal to the prosecution nor promptness in lodging the same can be guarantee of the truth of the facts noted therein--Court has to scrutinize the statement of the prosecution witness with much care and caution--If after closure scrutiny the statements are found trustworthy and reliable, the delay pales into insignificance.
(C) Indian Penal Code, 1860, S.324, 326 and 360--Voluntarily Causing Hurt--Probation--Accused were convicted for the offences u/s 326 of IPC, which is punishable with imprisonment for life--Cannot claim the benefit of probation u/s 360 of the IPC.
Mr. Gurdev Singh, J. (Oral).:- The petitioners/accused- Gurdip Singh, Harjit Singh and Babla Singh, along with Labh Kaur and Gamdur Singh, were tried for the offences punishable under Sections 323, 324, 326/149, 147 and 148 IPC. The present petitioners/accused were convicted by JMIC Samana for the offences under Sections 324 and 326 read with Section 34 IPC whereas Labh Kaur and Gamdur Singh were acquitted by giving the benefit of doubt. These accused were sentenced as under:-
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Name of accused Offence U/S Sentence imposed upon the accused
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Gurdeep Singh 326 IPC R.I., for two years and fine of Rs.100/-
and in default of payment of fine to
undergo further R.I., for three
months
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Harjit Singh & 326/34 IPC R.I., for two years each and fine of
Babla Singh Rs.100/-, each and in default of
payment of fine to undergo further
R.I for three months
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Name of accused Offence under Sentence imposed upon the accused
Section
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Gurdeep Singh 324 IPC R.I., for one year
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Babla Singh and 324/34 IPC R.I., for one year, each
Harjit Singh
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Babla Singh 324 IPC R.I., for one year
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Harjit Singh and 324/34 IPC R.I for one year each
Gurdeep Sigh
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Harjit Singh 324 IPC R.I for one year
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Babla singh and 324/34 IPC R.I for one year each
Gurdeep Singh
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2. Against that conviction and sentence the accused preferred an appeal, which was decided by Additional Sessions Judge, Patiala vide judgement dated 22.3.2005, who, while maintaining the conviction and sentence so imposed upon the accused under Section 324/34 IPC, reduced, the sentence under Section 326/34 IPC by six months.
3. It was on the statement of Mishra Singh-complainant/injured Ex.P8 that FIR No.101 dated 28.12.1994 Ex.PC was registered in Police Station Chagga and the criminal machinery was set in motion. The complainant came out with the version that the litigation had been going on between his family on the one side and Gurdip Singh and Gamdoor Singh accused on the other side and they were instigated by Labh Kaur to attack them. On 27.12.1994 at about 9 AM, Labh Kaur and others had collected in order to fill up foundations in his land. On coming to know about that fact and to prevent them from doing so, he along with his brother Jora Singh went to that place and were followed by Tara Singh. At that time Babla was armed with spade (kahi), Harjit Singh was armed with Takua and Gurdeep Singh was armed with Gandasi. When he prevented them from digging the foundations Gurdeep Singh gave a blow with his gandasa on the backside of the finger adjoining the little fi
