JAI RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence dated 16.01.2003 whereby appellant, Jai Ram Singh, was held guilty for the offences punishable under Sections 307 and 323 read with Section 34, IPC and ordered to undergo rigorous imprisonment for 5 years besides payment of fine of Rs. 10,000/-, in default thereof to undergo further rigorous imprisonment of 1 year under Section 307, IPC. He was also ordered to undergo rigorous imprisonment for 6 months under Section 323 read with Section 34, IPC. Both the substantive sentences were ordered to run concurrently. Out of the amount of fine to be deposited by the appellant, a sum of Rs. 8000/- was ordered to be paid to injured, Sukhvir Singh, after the expiry of period of limitation for appeal or revision etc. At the very outset, the learned counsel for the appellant submits that the quarrel leading to registration of the present case had taken place on account of a land dispute wherein not only the injured-complainant, Sukhvir Singh, but Jai Ram Singh, appellant, and his son, Ajmer Singh, also received injuries. Both the factions were put to trial and ultimately the appellant, Jai Ram Singh, was held guilty for the offences punishable under Sections 307 and 323 read with Section 34, IPC, however, the complainant side was acquitted.

(2.) During pendency of the appeal, the better sense prevailed and due to intervention of the respectable and elderly people of the village, the private parties sorted out their disputes and effected a compromise and in consonance thereof the complainant, Sukhvir Singh, has produced his affidavit Annexure A-1.

(3.) Learned counsel for the appellant submits that the injuries allegedly received by the complainant-injured have healed and he is performing his normal pursuits. He further submits that the occurrence had taken place in the month of January, 2002 and even after lapse of more than 11 years, no untoward incident had taken place between the private parties. He also contends that the appellant, Jai Ram Singh, has undergone more than one year of incarceration out of maximum awarded sentence of rigorous imprisonment of 5 years, therefore, in view of the compromise and keeping in view the ratio of the judgment in Ishwar Singh Vs. State of Madhya Pradesh, 2009 1 RCR(Cri) 1, the substantive sentence of the appellant may be reduced to the period already undergone by him.