GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by the petitioners - Gurmail Singh and Mangal Singh sons of Sucha Singh challenging the judgment dated March 19, 1991 passed by the learned Additional Sessions Judge, Faridkot, whereby the appeal filed by the petitioners against the judgment dated July 4, 1989 passed by the learned Judicial Magistrate First Class, Moga has been dismissed and the conviction of the petitioner under sections 326 and 326/34 of the Indian Penal Code has been maintained. However, the learned Additional Sessions Judge, Faridkot while disposing of the appeal reduced the sentence awarded to the petitioner to rigorous imprisonment for 9 months only.

(2.) AS far as conviction of the petitioners is concerned, I find that the prosecution has been able to lead cogent evidence in proving the guilt of the accused beyond all reasonable doubts. Gurdev Singh injured has appeared as PW-3 and has supported the prosecution version. Besides this, Dr. Tejinder Kumar Gupta PW1, Dr. Asha Goyal PW2, Bhajan Singh PW4 and HC Mangat Singh PW5 have also appeared and proved the prosecution version. Nothing has been shown on the record that the prosecution version suffers from any infirmity or that the version of the prosecution has not been proved beyond all reasonable doubts.

(3.) AS far as the sentence awarded to the petitioners, is concerned, as the prosecution version itself, the occurrence had taken place on March 14, 1986 i.e. about 16 years back. The petitioners have apparently suffered a long and protracted trial. Even the present revision petition has remained pending in this Court for a period fo more than 11 years. The petitioners were granted concession of bail vide this Court's order dated April 11, 1991. The learned State counsel has also not been able to show that the petitioners have ever misused the concession of bail, after they had been released on bail.