JATINDER SINGH ALIAS BANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Crl.Appeal.Nos.138 SB, 307 SB of 1993 and Criminal Revision No.312 of 1993. Criminal Appeal No.138-SB of 1993 has been preferred against conviction of the appellant under section 307 IPC, for which he has been sentenced to undergo RI for two and a half years and to pay fine of Rs.1000/-, in default to undergo further RI for four months. Criminal Appeal No.307 SB of 1993 has been filed by the State seeking enhancement of sentence, while Criminal Revision No.312 of 1993 has been filed by the complainant seeking compensation and enhancement of sentence. Case of the prosecution is that on 28.1.1990, Kamaljit Singh PW2 was returning from Mohali to Chandigarh on a scooter. At 8 PM, when he reached near Bassi Theatre, the accused Jatinder Singh came on a scooter from opposite side. The road was not in good condition. His scooter touched the scooter of the accused. The accused took out 'kirpan' and gave blows to Kamaljit Singh. Kamaljit Singh raised alarm, on which Surinder Singh PW3 and Balwinder singh came to the spot and rescued Kamaljit Singh. Balwinder Singh and Surinder Singh took Kamaljit Singh to his house and then to the PGI, Chandigarh where he was medically examined. The police recorded his statement Ex.PC on the basis of which FIR Ex.PC/1 was registered. ASI Kartar Singh PW 13 conducted investigation and challaned the accused. During interrogation, the accused made a disclosure statement leading to the recovery of 'kirpan' Ex.P1. In support of its case,the prosecution examined HC Vishnu Dutt as PW1, Kamaljit Singh as PW2, Gyan Chand as PW3, Surinder Singh as PW4, Mohinder Singh as PW5, Sukhwinder Singh as PW6, ASI Pakahar Ram as PW7, Narjinder Singh DSP as PW8, Harbans Singh ASI as PW9, Dr. Siri Niwas as PW10, Sher Singh SI as PW11, Dr. Uttam Tripathi as PW12, and ASI Kartar Singh as PW13. According to PW12 Dr. Uttam Tripathi, following injuries were found on the person of Kamaljit Singh:- Crl.A.No.138 SB of 1993 3 "1. A stab injury to the chest, one on the right side posteriorly at 8th inter costal space.

(2.) The left side of chest in the 10th inter costal space in the posterior axillary line, one more stab injury 2" posterior to the above, at 12th inter costal space which was sucking.

(3.) Lacerated wound posterior just below the left elbow 4" along muscle deep and above where the external injuries noted at examination in emergency surgical ward." After considering the evidence on record, particularly the evidence of PW2 Kamaljit Singh, injured, whose evidence was corroborated by PW4 Surinder Singh, recovery of the weapon and the medical evidence, the trial court convicted and sentenced the appellant. Learned counsel for the accused appellant fairly stated that in view of evidence of the injured, which was duly corroborated by medical evidence, recovery of weapon, there is no ground to challenge his conviction. However, having regard to the fact that the incident took place about 17 years ago and the appellant has remained in custody for some period, substantive sentence may be reduced by requiring the appellant to pay compensation. Crl.A.No.138 SB of 1993 4 Learned counsel for the complainant and the State have also no objection to this course being adopted. Accordingly, while upholding the conviction of the appellant, substantive sentence of imprisonment is reduced to the period of sentence already undergone but the appellant will pay compensation of Rs.50,000/- to the complainant within four months, failing which he will undergo the substantive sentence already imposed. All the three matters are disposed of accordingly.