GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I have heard the learned counsel for the parties. The appellant was convicted under Sec. 308 of the Penal Code and sentenced to undergo RI for three years and to pay a fine of Rs. 500.00 and in default of payment of fine, to undergo further RI for three months. The incident had happened on Oct. 29, 1989 in which Major Singh received injuries whereas the F.I.R. No. 211 was registered on which Major 10.11.1989 at police Station, Kot Bhai at the instance of Bachan Kaur, Major Singh's mother. The accused had also given a counter-version to the effect that he had allegedly suffered injuries in the incident and had been examined for the same the learned at about 1.00 A.M. on 30.10.1989. In this situation, Mr. H.S. Sirohi, the learned counsel for the appellant has urged that the case against the accused was not proved, and the counter version was in fact the correct one. He further urged that even assuming (as has been found by the trial Judge) that Major Singh was not in a position to make a statement, his mother Bachan Kaur could have done so within a reasonable time and the FIR recorded after 11 days, could not be believed. He has however contended that he would be satisfied if the sentence imposed on the appellant is reduced to the one already undergone by him as almost fifteen years have elapsed since the date of incident. In view of the statement made by the learned counsel, the appeal is party allowed and while maintaining the conviction, the sentence is reduced to one already undergone.