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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARVIND SINGH SANGWAN, J.
Sukhdev Singh @ Sukha and Others - Appellant
Versus
State of Punjab - Respondent
Criminal Appeal (S) No. 2396, 2400 of 2006
Decided On : 05-07-2019
Compromise - Criminal Law - Sections 148, 307, 149, 323 IPC and Section 27 of Arms Act - The judgment discusses the compromise between the parties, the reduction of sentence based on the compromise, and the legal provisions related to the reduction of sentence in cases of compromise.
Fact of the Case:
The case involved a dispute over cutting trees, which escalated into a violent confrontation resulting in injuries and arrests. The trial court convicted the accused, and during the appeal, a compromise was reached between the parties.
Finding of the Court:
The court upheld the conviction but modified the sentence, reducing it to the period already undergone by the appellants, based on the compromise and their improved conduct.
Issues: The issues included the validity of the compromise, the reduction of sentence based on the compromise, and the conduct of the appellants during the pendency of the appeal.
Ratio Decidendi: The court considered the compromise, the conduct of the appellants, and legal precedents related to the reduction of sentence in cases of compromise.
Final Decision: The judgment of conviction was upheld, but the sentence was reduced to the period already undergone by the appellants, with the imposition of fine upheld.
JUDGMENT :
ARVIND SINGH SANGWAN, J.
1. Vide this judgment, the aforesaid two appeals filed by appellants-accused; CRA-S-2396-SB-2006 filed by Sukhdev Singh @ Sukha, Kuldip Kaur, Sapinder Singh and CRA-S-2400-SB-2006 filed by Zora Singh, Bhupinder Kaur, Harnek Singh and Gurpreet Singh are being disposed of.
2. Brief facts of the case are that on 29.06.2004 at about 8.30 a.m., Sukhdev Singh started to cut the trees from the passage about which there was a dispute between Sucha Singh and Sukhdev Singh and Sarabjit Singh had gone to report the matter to Sucha Singh, who was working in his fields. In the meantime, Ranjit Kaur and Mohinder Kaur asked them to stop to uproot the trees and Zora Singh son of Mast Singh, Harnek Singh and Gupreet Singh, sons of Sukhdev Singh armed with dandas and sotis were present at the spot when Bhupinder Kaur wife of Zora Singh and Kuldip Kaur wife of Sukhdev Singh came there and caught them. Ranjit Kaur was caught hold by Bhupinder Kaur and made her to lay on the ground and Harnek Singh, Zora Singh, Gurpreet Singh and Sapinder Singh gave fist blows and similarly, injuries were given to Mohinder Kaur. When Sucha Singh along with Bhupinder Singh and Sarabjit Singh came there and raised the noise, Sukhdev Singh and others went to their home and Sapinder Singh raised the lalkara that daily dispute be ended and they be not spared and Kuldip Kaur wife of Sukhdev Singh handed over 12 bore DBBL rifle to him and exhorted that daily dispute be ended and then he fired towards Sucha Singh and others with an intention to kill and the pellets of fire struck Sarabjit Singh on his neck, chest and other parts of the body. The pellets also struck Navjot Singh and Gurvinder Singh. On account of the injuries, Sarabjit Singh fell down. They again raised the noise of mar dita mar dita and thereafter, Sukhdev Singh and others ran away from the spot along with their weapons. Sarabjit Singh, Mohinder Kaur and Ranjit Kaur and others were taken to the hospital. After receiving a telephonic call made by Sucha Singh to Police Station Morinda, ASI Garja Singh along with other police officials came there and he recorded the statement of Sucha Singh Ex.PA, on which ASI Garja Singh made endorsement Ex.PA/2, on the basis of which formal FIR Ex.PA/3 was registered. He also collected blood stained earth from the spot, made it into parcel and sealed with his seal bearing impression 'GS' and taken into police possession vide memo Ex.PB. One empty cartridge was also recovered from the place of occurrence, on which Indian Ordinance Special was written, its parcel was prepared and sealed with the seal 'GS' and taken into police possession vide memo Ex.PC. Injured Sarabjit Singh, Mohinder Kaur, Ranjit Kaur, Gurvinder Singh and Navjot Singh were medico-legally examined in CH, Morinda and clothes of injured Sarabjit Singh were collected from the spot, the same were made into parcel, sealed by the Investigating Officer with his seal bearing impression 'GS' and taken into police possession vide memo Ex.PX. On 01.07.2004, accused Kuldip Kaur, Sukhdev Singh and Zora Singh were arrested in this case. From the possession of Sukhdev Singh, one 12 bore DBBL gun was taken into police possession, licence of which was in his name. Scaled site plan of the place of occurrence was also got prepared. Case property was deposited with MHC of police station. Gun along with cartridge and blood stained earth was sent to FSL, Punjab, Chandigarh, its
3. After completion of the investigation, the report under Section 173 Cr.P.C. was presented in the Court. Copies of the challan along with relevant documents were supplied to the accused and the case was committed to the Court of Sessions. A prima facie case under Sections 148, 307, 149, 323 IPC and Section 27 of Arms Act was made out against appellant Sukhdev Singh.
4. The prosecution, in its evidence, examined PW1
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