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2025 Supreme(P&H) 642
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL AND JASJIT SINGH BEDI, JJ.
Karam Singh And Others – Appellant
Versus
Nirmal Singh And Others –Respondent
CRR-693-2005 (O&M); CRA-S-1746-SB-2004 (O&M); CRA-S-2058-SB-2004 (O&M); CRA-S-254-SB-2005 (O&M) & CRM-A-551-MA-2004
Decided on : 22-01-2025
For the Appellant :Ms. Kirandeep Kaur, Advocate, for Mr. Kamaldip Singh Sidhu, Advocate Mr. K.S. Hissowal, Advocate
For the Respondent:Mr. Pratap Singh Gill, Ms. Eknoor Kaur Sra & Ms. Harmilonjot, Advocates Mr. Siddharth Attri, Addl.A.G., Punjab.
JUDGMENT :
Gurvinder Singh Gill, J.
1. This judgment shall dispose of above-mentioned set of 4 appeals and a revision petition. The details of which are stated herein under:
Appeals against conviction:
Case No. | Parties Name | Findings of the trial Court | Relief Sought |
CRA-S-1746-SB- 2004 | Nirmal Singh Vs. State of Punjab | Convicted and sentenced to undergo RI for 7 years under Section 307 IpC | Appellant seeks acquittal |
CRA-S-2058-SB- 2004 | Shamsher Singh Vs. State of Punjab | Convicted and sentenced to undergo RI for 7 years under Section 307 IpC | Appellant seeks acquittal |
State appeal against acquittal:
CRM-A-551- MA-2004 | State of Punjab Vs. 1. Gurdev Singh (expired) 2. Kewal Singh, 3. Ajit Singh (expired) 4. Jassan Singh | Respondents stand acquitted | State seeks setting aside of respondents' acquittal and for convicting them |
State appeal for enhancement of sentence:
CRA-S254-SB 2005 | State of Punjab Vs. 1. Nirmal Singh 2. Shamsher Singh | Respondents stand convicted and sentenced to undergo RI for 7 years | State seeks enhancement of sentence imposed upon the respondents |
CRR-693-2005 | Karam Singh Vs. 1. Nirmal Singh 2. Shamsher Singh 3. Gurdev Singh (expired) 4. Kewal Singh 5. Ajit Singh (expired) 6. Jassan Singh 7. State of Punjab | Respondents No.1 & 2 stand convicted, whereas respondents No.3 to 6 stand acquitted | Injured/victim Karam Singh seeks enhancement of sentence imposed upon two convicts, namely, Nirmal Singh (respondent No.1) & Shamsher Singh (respondent No.2) AND ALSO seeks conviction of the remaining respondents except respondent No.7 apart from seeking compensation |
2. The matter arises out of FIR No.6 dated 04.06.2001 registered at Police Station Kot Ise Khan, under Sections 307, 447, 148, 149 IPC & 27 of the Arms Act lodged at the instance of Ikattar Singh (Akatar Singh), wherein he alleged that on account of land dispute, the accused, namely, Nirmal Singh, Shamsher Singh, Gurdev Singh, Kewal Singh, Ajit Singh and Jassan Singh had inflicted injuries with the help of fire arms to the complainant (Ikattar Singh), Karam Singh, Daljit Singh and Karnail Singh. All the said six accused were tried by the Court of learned Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot. Vide judgment of conviction and order of sentence dated 12.08.2004, learned Additional Sessions Judge while convicting and sentencing two of the accused, namely, Nirmal Singh and Shamsher Singh to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1000/- each for an offence under Section 307 IPC, acquitted the remaining accused, namely, Gurdev Singh (since expired), Kewal Singh, Ajit Singh (since expired) and Jassan Singh of all the charges framed against them.
3. As noticed above, the accused, who were convicted, namely, Nirmal Singh and Shamsher Singh filed separate appeals i.e. CRA-S-1746-SB-2004 and CRA-S-2058-SB-2004 respectively challenging their conviction, whereas the State has filed two separate appeals i.e. CRA-S-254-SB-2005 seeking enhancement of sentence as imposed upon two convicts/accused, namely, Nirmal Singh and Shamsher Singh and CRM-A-551-MA-2004 seeking setting aside of acquittal of the remaining four accused, namely, Gurdev Singh (since expired), Kewal Singh, Ajit Singh (since expired) and Jassan Singh. Victim - Karam Singh has also preferred a separate revision petition i.e. CRR-693-2005 seeking enhancement of sentence as imposed upon two accused, namely, Nirmal Singh and Shamsher Singh and also seeking conviction of the remaining four accused, who have been acquitted by the trial Court.
4. It may here be mentioned that Gurdev Singh and Ajit Singh (respondents No.3 and 5 in CRR-693-2005) were reported to have expired and consequently, proceedings qua them stand abated vide order dated 10.12.2024.
5. During the pendency of aforesaid appeals/revision, the parties have entered into a compromise. By way of CRM-2203-2025 in CRA-S-2058-SB-2004, the applicant/appellant seeks permission to place on record compromise deeds dated 29.07.2024, which is also listed today itself alon
