BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Baldev Singh petitioner along with his other two co-accused namely Gurdev Singh and Sukhdev Singh (since acquitted) were tried under Sections 323, 325 read with Section 34 of the Indian Penal Code, for voluntarily causing hurt to Jugraj Singh P.W. on 5.10.1985 in the area of Village Nilian-Wali, Police Station Sadar, Dabwali District Sirsa. Sukhdev Singh and Gurdev Singh co-accused of the present petitioner were acquitted whereas Baldev Singh petitioner was convicted under Sections 323 and 325 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three months under Section 323 I.P.C. and was further sentenced to undergo rigorous imprisonment for six months under Sections 325 of the Indian Penal Code. Both the sentences were ordered to run concurrently by Judicial Magistrate 1st Class. Dabwali, vide order dated 14.12.1992. Appeal filed by the petitioner against his order of conviction and sentence passed by the trial Magistrate was dismissed vide order of AddI: Sessions Judge, Sirsa dated 17. 12.1993. Aggrieved against the order of conviction and sentence passed by the courts below, the petitioner field the present revision petition. in which notice was issued only qua the quantum of sentence to be awarded to the petitioner as well as to consider the question whether benefit of Probation of Offenders Act can be granted to the petitioner or not.

(2.) In brief facts of the prosecution case are that Gurcharan Singh first informant is the brother of Jugraj Singh injured who is a school teacher where-as three other brothers used to cultivate their land. On 5.10.1985 at about 8 P.M. Gurcharan Singh alongwith Dilawar Singh and Avtar Singh his nephews was going to the village Gurudwara and when they reached near the PHLIA bridge over the canal, Baldev Singh petitioner was seen giving thrust blows with lathi to jagraj Singh after raising a lalkara to teach him a lesson for filing a suit for pre-emption. The thrust blows were given on the left ear of Jagraj Singh while the latter was coming back to the village Jagaraj Singh fell down on the ground on receipt of the said injuries. Thereafter, Baldev Singh accused continued giving thrust blows to Jagraj Singh while the latter was lying on the ground. Meanwhile. Sukhdev Singh and Gurdev Singh brothers of the petitioner came there. The first informant with the help of his nephews Dilawar Singh and Avtar Singh came forward and rescued Jagraj Singh from the clothes of the petitioner and his other co-accused. The motive for the crime was that Jagraj Singh filed a suit for pre-emption in respect of land measuring four killas which was purchased by Kartar Singh and Baldev Singh petitioner was in cultivating possession of the said land. Baldev Singh apprehended that after success in the civil suit, the complainant party would dispossess him. After the occurrence Jagraj Singh injured was removed to Civil Hospital Dabwali,. where he was medically examined. After completion of the investigation, petitioner and his other two co-accused were challenged and tried only petitioner was convicted by the courts below as already stated earlier.

(3.) Learned counsel for the parties were heard. Learned counsel for the petitioner submitted that the petitioner under went agony of trial for more that 7 years in the trial court and his appeal also remained pending for about a year before the appellate court prayed that lenient view may be taken.