TaxTMI 
TaxTMI 
2013 (4) TMI 1016
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....ion, on 25.04.1994, Dr. P. Aggarwal, Medical Officer, C.H.C. Ladwa, sent a ruqa to the Police Station informing that Mehma Singh, Piara Singh and Hazara Singh have been admitted to the hospital after allegedly having received injuries in a fight. Mehma Singh was serious and had been referred to the L.N.J.P. Hospital, Kurukshetra. After receipt of the said ruqa, on 26.04.1994, Raj Pal Singh, S.I., In-charge Police Station, Babain, went to the hospital and recorded the statements of the injured. (b) Hazara Singh, in his statement, alleged that he was a resident of village Kassithal and was an agriculturist. That about 6/7 years back, he had purchased 6 kanals of disputed agricultural land in village Rampura from one Sat Pal, possession of which was delivered to him. He along with his family members harvested wheat crop from that land and had kept it in their adjoining field. (c) On 25.04.1994, at about 6:30 p.m., his brother Piara Singh was ploughing the above said land, with the help of a tractor, while he along with his father was collecting the harvested wheat crop in the adjoining field. At that time, they suddenly, heard the noise of "bachao bachao" from his br....
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.... Indian Penal Code and sentenced Raj Kumar and Bhag Singh to undergo RI for 5 years and a fine of Rs. 10,000/-, in default, to further undergo RI for 1 year, whereas Kesho Ram and Lal Chand to undergo RI for 3 years and a fine of Rs. 10,000/-, in default, to further undergo RI for 9 months. In addition to the above, all the accused persons were convicted and sentenced under different heads. (g) Aggrieved by the said order of conviction and sentence, the accused-Respondents preferred Criminal Appeal No. 4-SB of 1997 whereas the Appellant preferred Criminal Revision No. 416 of 1997 for enhancement of sentence before the High Court of Punjab and Haryana at Chandigarh. (h) The High Court, by impugned order dated 03.11.2008, dismissed the revision filed by the Appellant and partly allowed the appeal filed by the accused by reducing the sentence to the period already undergone. (i) Being dis-satisfied with the judgment of the High Court, the Appellant has preferred these appeals by way of special leave before this Court. 4. Heard Mr. R.C. Kohli, learned Counsel for the Appellant, Ms. Naresh Bakshi, learned Counsel for the State of Haryana and Mr. Ashwani Ant....
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....sed for 10 years. However, the High Court, in its appellate jurisdiction, reduced the sentence to the period already undergone. In this case, this Court held that the sentence imposed is not proportionate to the offence committed, hence not sustainable in the eyes of law. This Court, observed thus: 7. The law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross-cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins. Protection of society and stamping out criminal proclivity must be the object of law, which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his Law in Changing Society stated that: "State of criminal law continues to be-as it should be-a decisive reflection of social co....
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....ciety to which both the criminal and the victim belong. In this case, the court further goes to state that meager sentence imposed solely on account of lapse of time without considering the degree of the offence will be counter productive in the long run and against the interest of society. 10. In Jameel v. State of Uttar Pradesh (2010) 12 SCC 532, this Court reiterated the principle by stating that the punishment must be appropriate and proportional to the gravity of the offence committed. Speaking about the concept of sentencing, this Court observed thus: 15. In operating the sentencing system, law should adopt the corrective machinery or deterrence based on factual matrix. By deft modulation, sentencing process be stern where it should be, and tempered with mercy where it warrants to be. The facts and given circumstances in each case, the nature of the crime, the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused, the nature of weapons used and all other attending circumstances are relevant facts which would enter into the area of consideration. 16. It is the duty of every court to award proper....
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....e 14 months of sentence and so as Bhag Singh six months of sentence whereas Kehso Ram and Lal Chand have undergone two months' sentence each and they are facing the agony of trial since 1994. The purpose of criminal law justice is to bring discipline, peace and harmony in the society and also to give an opportunity to an erring individual to reform himself. In appropriate cases, leniency be shown and opportunity is required to be given to the accused to reform themselves by adopting reformative approach. It is not in dispute that the parties are co-villagers. It has also not been indicated that during all these years, they had any further tiff among themselves. If the Appellants are sent behind bars, it will revive the old enmity between the parties in the village. They have already suffered agony of long trial/appeal for the last 14 years. Therefore it would be expedient in the interest of justice to take a lenient view that the sentence awarded to he accused deserves to be modified and the injured complainants can be granted compensation. 15. Now, let us analyze the reasoning mentioned in the impugned judgment for reduction of sentence. It was mentioned before the High Cou....
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....howed fracture of patilla left with regard to remaining 5 injuries, i.e. X-ray of skull, left thigh, left forearm, right hand and left shoulder of the injured, he has stated that no bonny injury was found. With regard to injured Piara Singh, he has stated that X-ray skull showed no bonny injury. Simultaneously, x-ray chest right forearm and left ankle showed no bonny injury. However, there was fracture of left scapula as per x-ray of left shoulder. The report in this behalf is Ex.PB. PW-2, Dr. P. Aggarwal, Medical Officer, C.H.C. Ladwa, has examined Mehma Singh on 25.04.1994 at 9:25 p.m. and found the following injuries on his person: 1. Lacerated wound 1-1/2 cm x 1/2 cm x bone deep on the left parietal region, 3 cm posterior to anterior hair line. Surrounding parts in diameter of 8 cm was swollen. Swelling was boggy in nature. X-ray and surgeon's opinion was advised. 2. Left eye was swollen and reddish blue in colour. Both lids were swollen. Swelling was extending upto forehead. X-ray and eye surgeon's opinion was advised. 3. Contusion 10 cm x 1 cm each two in number on back of left side of chest situated perpendicular on each other. X-r....
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....ess was present. X-ray was advised. 3. Contusion 18 cm x 2 cm on lateral side of left side of chest and abdomen situated vertically. 4. Abrasion 4 cm x 1 cm on back of right side of chest surrounding parts were swollen. X-ray was advised. 5. Swelling diffused present on lower 3rd of right forearm. X-ray was advised. 6. Diffused swelling near left medial mallelous was present. Movement at ankle joint was painful. X-ray was advised. All the injuries were caused by blunt weapon. Medical Report in this behalf is Ex. PE and diagram showing seat of injuries in this behalf is Ex. PE/1. This witness has further proved his report Ex. PG to the effect that the injury No. 1 shown in supplementary M.L.R. i.e. Ex. PH on the person of Hazara Singh was found to be grievous. He also proved report Ex. PK to the effect that injury No. 2 on the person of Piara Singh, was also grievous and rest were simple. He has also stated that on 28.04.1994, he received operation note of Mehma Singh from P.G.I. Chandigarh, whereupon, he sent intimation Ex. PL to the Police and declared injuries No. 1 and 2 as dangerous to life. That PW-3 Dr. P. Vara Pr....
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....Penal Code. e) The version of burning of the tractor by the accused in furtherance of their common object of the assembly, has been found proved and as such, they have also committed an offence punishable Under Section 435 read with 149 of the Indian Penal Code. f) It is proved that Bhag Singh inflicted injury with blunt weapon on the left shoulder of Piara Singh. Copy of X-ray report in this behalf is Ex. PB which shows fracture of bone. He has thus committed an offence punishable Under Section 325 and the other accused are also liable for an offence Under Section 325 read with 149 of the Indian Penal Code. g) In view of the M.L.R. of Hazara Singh, injury No. 4 was caused by sharp edged weapon i.e. gandasi by Kesho Ram and he himself has held liable for an offence Under Section 324 of Indian Penal Code and the other accused being members of an unlawful assembly are liable for an offence Under Section 324 read with Section 149 of the Indian Penal Code. h) It is also proved that all the accused voluntarily caused simple hurt to Mehma Singh, Piara Singh and Hazara Singh and held themselves liable for an offence Under Section 323 read with Section 1....
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.... on record that injured Mehma Singh had also lost his speech. 20. As rightly pointed out by learned Counsel for the Appellant, the High Court failed to appreciate that the trial Court has come to the conclusion that in view of the statement of injured eye-witnesses coupled with medical evidence, it is proved that the accused caused injuries in the manner explained by the prosecution and passed appropriate sentence to the accused Respondents. We have already stated that while dismissing the revision for enhancement of sentence at the instance of the present Appellant and partly allowing the order of reduction of sentence, the High Court has assigned only two reasons, viz., "one, if the accused are sent behind bars, it will revive the old enmity between the parties in the village and secondly, the accused also suffered agony of long trial/appeal for the last 14 years." 21. It is unfortunate that the High Court failed to appreciate that the reduction of sentence merely on the ground of long pending trial is not justifiable. In Sadha Singh and Anr. v. State of Punjab (1985) 3 SCC 225, a three Judge Bench of this Court, while considering the identical issue which also arose for an....
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....f Section 360 of Code of Criminal Procedure so as to extend the benefit of treatment reserved for first offenders, these Appellants hardly deserve the same. Admittedly, both the Appellants were above the age of 21 years on the date of committing the offence. They have wielded dangerous weapons like firearms. Four shots were fired. The only fortunate part of the occurrence is that the victim escaped death. The offence committed by the Appellants is proved to be one Under Section 307 of Indian Penal Code punishable with imprisonment for life. We were told that the Appellants had hardly suffered imprisonment for three months. If the offence is Under Section 307 Indian Penal Code i.e. attempt to commit murder which is punishable with imprisonment for life and the sentence to be awarded is imprisonment for three months, it is better not to award substantive sentence as it makes mockery of justice. Mr. Jain said that the High Court has enhanced the fine and compensated the injured and, therefore, we should not enhance the sentence. Accepting such a submission would mean that if your pockets can afford, commit serious crime, offer to pay heavy fine and escape tentacles of law. Power of we....