JASWANT SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) ON 19th of February, 1982, a brief altercation took place resulting into injuries involving fingers of Jaswant Singh. On that day at about 7 P.M., Mohinder Singh wanted to connect his house with electric supply from the wires outside the house of Jaswant Singh. Jaswant Singh objected to the same apprehending that his electric supply was likely to go off Mohinder Singh told Jaswant Singh that he was nobody to stop him as from that point electric connection was also provided to his brother Harpal Singh. When Jaswant Singh persisted in stopping Mohinder Singh to get the connection he was attacked. Pappu son of Mohinder Singh caught hold of Jaswant Singh and Harpal Singh gave a takwa blow, which injured the right index finger of Jaswant Singh. In the meantime, Mohinder Singh also came down from the stair case and caused injuries to the left ring and little fingers of Jaswant Singh with his takwa, The matter was reported to the police leading to conviction of Mohinder Singh and Pappu, whereas, Harpal Singh was acquitted by the trial Magistrate giving him benefit of the doubt. He sentenced Mohinder Singh to undergo rigorous imprisonment for 1 -1/2 years as well as to pay a fine of Rs. 200/ -, in default of payment of which fine he was directed to suffer rigorous imprisonment for a further period of two months. In appeal before Sessions Judge, Ferozepur, vide his judgment dated 29th November, 1984, Pappu was acquitted, whereas conviction of Mohinder Singh under section 326 of the Indian Penal Code was maintained. He reduced the sentence of imprisonment to already undergone, but the amount of fine was kept intact. In so doing he remarked that Mohinder Singh remained behind the bars for about three weeks during the investigation, for which he was entitled to set off, that the amount of fine imposed by the trial Magistrate had been paid by him and that worked heavily on his mind to send him to custody after such a long span. It was further remarked that be stood sufficiently punished and the object of law stood achieved. Jaswant Singh preferred instant revision against that judgment of the Sessions Court praying for enhancement of sentence, which, according to him, was ridiculously low.

(2.) ALTHOUGH the matter of sentence is discretionary with the courts still keeping in view the conviction, which was under section 326 of the Indian Penal Code in this case, the sentence awarded to Mohinder Singh by the learned Sessions Judge cannot be taken to be justified and ordinarily should have called for enhancements. However, keeping in view the peculiar circumstances of the case, I do not consider it to be worthwhile to interfere after lapse of about three years. As discussed above, the altercation took place at the spur of the moment between two neighbours, which unfortunately ended into grievous injuries to Jaswant Singh. There is no background of enmity and it perhaps was the first lapse on the part of Mohinder Singh. Everything happened suddenly as a result of heated discussion. Very non -vital parts of the body were involved, being fingers of the left hand. Occurrence took place on 19th February. 1982, and about 5 - 1/4 years have elapsed thereafter. For all this period, Mohinder Singh has been facing music of criminal litigation. In this situation of the matter. I have not been able to persuade myself. to interfere in the matter of sentence at this stage. The revision petition, accordingly, is dismissed.