BANTI @ GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present judgment shall dispose of 2 revision petitions, filed under Section 397 read with Section 482 of Cr.P.C., by accused, Gurdeep Singh @ Banti and Harjeet Singh @ Jeet Singh, against the judgment of conviction recorded by the Judicial Magistrate, 1st Class, Sirsa dated 26.07.2017. The petitioners along with another accused, namely, Rajinder Singh @ Raju, who has not filed any revision, have been sentenced under Section 323 for 3 months and a fine of Rs.500/-, under Section 324 for 6 months and a fine of Rs.1000 and under Section 326 to undergo imprisonment for 3 years and a fine of Rs.3000. In default thereof, they have to further undergo imprisonment for periods between 1 month to 3 months.

(2.) The issue has been limited only to the quantum of sentence since notice of motion was issued by a Co-ordinate Bench on 18.11.2019 in the revisions on the ground that a statement had been made by counsel for the petitioners that the petitioners are willing to compromise the matter by suitably compensating the victim. Atamjit Singh had been, thus, impleaded as respondent No.2. The complainant has not put in appearance despite having been served, as noticed vide order dated 04.12.2019. The challenge to the conviction order passed by the JMIC had been upheld by the Addl.Sessions Judge, Sirsa on 10.10.2019, which is also subject matter of challenge.

(3.) The factual matrix is limited to the extent that the complainant, had lodged the FIR on 12.08.2010 regarding the occurrence which had taken place on 10.08.2020. It was his case that he along with his mother, Harmeet Kaur were coming after meeting the maternal uncle's son on a motorcycle and had reached near a brick-kiln where the 3 accused persons along with 10-12 other persons had come on 4 motorcycles and surrounded them. Injuries had been inflicted upon the complainant by Gurdeep Singh @ Banti armed with a sword who gave a blow on the left leg. Non-applicant, Raju had given a datar blow on his right leg whereas petitioner-Harjeet Singh @ Jeet Singh had given blows with danda upon the stomach, waist and feet. The mother of the complainant had tried to rescue him but of no avail and on account of receiving the injuries, he became unconscious. The said persons had run away after snatching Rs.9000/- which they were carrying. The cousin brother, Surjit Singh had thereafter come on the spot and taken them into Government hospital, Sirsa after arranging a vehicle. The complainant along with his mother had been examined as PW-1 and PW-4 including PW-5, Surjit Singh, the cousin. Similarly, the doctors had been examined as PW-6, PW-8 and PW-9. A finding thus was recorded that the injuries had been inflicted both by a sharp edged weapons and there was a grievous injury as there was a fracture on the left middle tibia around which there were also incised wound and lacerated wound present, as per the X-ray report dated 11.10.2010. Resultantly, it fell within the ambit of Section 326 IPC and accordingly, conviction, as such, had been recorded, as noticed above.