SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant before us is assailing the judgment of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.499 of 2005 dated 23.01.2008. The High Court through the said judgment upheld the judgment of Sessions Case No.20 of 2002 dated 22.02.2005. Both the courts, through the concurrent judgments have convicted the appellant herein for the offence punishable under Section 326 I.P.C. On the quantum of sentence, the High Court while taking note of other aspects and having taken into consideration that the appellant has already undergone more than five years of actual imprisonment has held the same to be sufficient. The High Court has also imposed compensation of a sum of Rs.20,000/-. Being aggrieved, the appellant is before us in this appeal.

(2.) We have heard Mr. Saksham Maheshwari, learned counsel appearing for the appellant. We have also heard Mrs. Jaspreet Gogia, learned counsel appearing for the respondent-State and also perused the impugned judgment and the evidence on record.

(3.) From the facts narrate it is seen that an FIR was registered to the effect that on 26.01.2002 at 05:30 p.m. when the complainant-Jagir Singh (PW-3) along with his brother, the deceased-Harbans Singh, was standing at his tube well outside the village near eucalyptus trees, the accused came there with weapons and attacked the deceased. Based on the same, the law was set into motion and the proceedings were initiated against the appellant including other accused who having appeared before the court have stood trial. The prosecution has tendered evidence in the proceedings. It is in that light, the Trial Court has taken note of that aspect and arrived at the conclusion that the charge alleged against the accused more particularly the appellant has been proved and accordingly the conviction as well as sentence was ordered. The appellant claiming to be aggrieved of the order of the Trial Court landed before the High Court. The High Court while reappreciating the evidence has taken into consideration the relied on evidence and has arrived at the conclusion, as noted above.