LAWS(P&H)-2010-1-234

JOGINDER SINGH Vs. LACHHMAN SINGH

Decided On January 27, 2010
JOGINDER SINGH Appellant
V/S
LACHHMAN SINGH Respondents

JUDGEMENT

(1.) THE appellants were tried for offences under Sections 307/34 IPC on the allegations that on 10.1.1998 at 9.15 P.M., Sunder Singh and Gurbachan Singh- appellants raised a lalkara not to allow Prem Singh injured to go scot free and pursuant to the same, Joginder Singh-appellant took out an unlicenced pistol and fired a shot hitting Prem Singh on the left side of his neck. Vide judgment and order dated 2.9.2003, learned Additional Sessions Judge, Fast Track Court, Ferozepur convicted Joginder Singh- appellant under Section 307 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-, in default of payment of fine to undergo further rigorous imprisonment for six months, whereas Sunder Singh and Gurbachan Singh- appellants were convicted under Sections 307/34 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- each, in default thereof, to undergo further rigorous imprisonment for three months. THE criminal case against the appellants was initiated on the basis of a complaint instituted by Lachhman Singh- complainant/ respondent. After recording of preliminary evidence, the learned Magistrate summoned all the accused for facing trial under Sections 307/34 IPC. Once the presence of the accused was procured, the case was committed to the Court of Sessions. Out of the appellants, Joginder Singh- appellant has since completed his sentence of imprisonment and for that reason the application filed on his behalf for the grant of bail was dismissed on August 28, 2007 as having become infructuous. However, Gurbachan Singh- appellant is presently on bail on the basis of order passed by this Court on 27.2.2004 while Sunder Singh-appellant was granted the concession of bail vide order dated 25.3.2004. Both, Sunder Singh and Gurbachan Singh- appellants, according to the prosecution, had not caused any injury to Prem Singh-injured. Both of them had raised lalkara exhorting their co-accused Joginder Singh not to allow Prem Singh to go scot free. Sunder Singh was shown to be armed with a dang at the time of the occurrence but not attributed its use in causing any injury to the complainant party. Both, Sunder Singh and Gurbachan Singh have been held liable under Section 307 IPC with the aid of Section 34 IPC. During the trial of the case they remained on bail. THEy were taken into custody on 2.9.2003 upon their conviction and sentence by the trial Court. Taking into consideration the fact that they were granted bail by this Court on 25.3.2004 and 27.2.2004, respectively, the period of sentence undergone by Sunder Singh-appellant in jail comes to about seven months, while in the case of Gurbachan Singh it is six months. Both, Sunder Singh and Gurbachan Singh have been facing the agony of criminal prosecution since the year 1998. Under these circumstances, no useful purpose would be served by sending Sunder Singh and Gurbachan Singh-appellants behind the bars, once again, so as to serve their remaining sentence of imprisonment.

(2.) ACCORDINGLY, conviction of the appellants is maintained. The sentence of imprisonment imposed upon Sunder Singh and Gurbachan Singh-appellants is reduced to that already undergone by them. No order is required to be passed in respect of the sentence of imprisonment imposed upon Joginder Singh as he has already served the same. However, sentence of fine, alongwith its default clause imposed by the trial Court upon the appellants is maintained. The appeal is, accordingly, disposed of.