Punjab-Haryana High Court
Kabal Singh & Other vs State Of Punjab on 25 October, 2024
Neutral Citation No:=2024:PHHC:141614
CRR-1332-2016 (O&M) 1
230
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-1332-2016 (O&M)
Date of Decision : 25.10.2024
KABAL SINGH AND OTHERS .....Petitioners
VERSUS
STATE OF PUNJAB .....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Surinder Singh Virk, Advocate,
for the petitioners.
Mr. Raghav Garg, AAG, Punjab.
Mr. Ankur Mehta, Advocate,
Mr. A.S.Manaise, Advocate,
for the complainant.
KULDEEP TIWARI, J.(Oral)
1. Through the instant petition, the petitioners have assailed the
verdict of conviction dated 29.07.2015, and consequent thereto, order of
sentence of even date, whereby, the learned Judicial Magistrate Ist Class,
Fazilka (hereinafter referred to as 'the learned trial court concerned') has
convicted and sentenced, in case FIR No.42, dated 10.05.2013, registered
under Sections 341, 323 and 34 of the IPC, at Police Station Arniwala,
which reads as under:-
Offence under Simple Fine Rs. SI in default of
Section imprisonment payment of fine
323 r/w 34 IPC SI for six months Rs.500/- each SI for one month
each each
326 r/w 34 IPC SI for two years Rs.2000/- each SI for four
each months each
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2. In addition, the petitioners have also assailed the verdict
dated 24.02.2016, whereby, the learned Additional Sessions Judge,
Fazilka, (hereinafter referred to as 'learned first appellate court
concerned'), has dismissed the statutory appeal filed by them, against the
verdict of conviction and order of sentence (supra).
3. The relevant facts, as narrated by the learned trial court
concerned, in its judgment dated 29.07.2015, reads as under:-
2. Facts in brief of the present case as put forth by the prosecution are
that on 10.05.2013, a wireless questy was received in the police
station, Arniwala regarding admission of injured Balkar Singh s/o
Inder Singh caste Jat Sikh r/o V. Kandhwala Hazar Khan in the Civil
Hospital, Fazilka on account of receipt of injuries, whereupon, ASI
Kartar Singh, HC Ram Sarup, PHG Shivcharan Singh and PHG
Jammu Ram reached police station City, Fazilka and obtained MLR
no. 58/VK/2013 relating to injured Balkar Singh from the MHC.
Thereafter, the police party visited Civil Hospital, Fazilka and
recorded statement of Balkar Singh who stated that he is an
agriculturist by profession and is a handicapped from right hand. On
09.05.2013, his water turn started from 4.35 pm to 5.53 pm and thus,
he was irrigating his land through canal water. At about 5.40 pm,
Kabal Singh s/o Niranjan Singh, Pargat Singh s/o Niranjan Singh and
Niranjan Singh s/o Sunder Singh boarded on a cruiser vehicle came
on the spot. Kabal Singh was armed with a gandasi, Pargat Singh was
armed with a dang and Niranjan Singh was armed with a spade and
immediately on their arrival at the spot, they started demolishing the
water channel leading to the land of complainant and when he
(complainant) asked the reason for demolishing the sanctioned water
channel by the accused persons, then Niranjan Singh raised a lalkara
asking the other accused to catch hold of the complainant and he be
taught a lesson for restraining them from demolishing the water
channel. Keeping in mind that he is a handicapped, the complainant
tried to slip away from the spot, when the assailants waylaid him and
Pargat Singh gave two continuous dang blows on right of his
backside. Then Kabal Singh gave a gandasi blow from its reverse side
which fell on inner side of his right leg. He fell down on the earth,
when Kabal Singh gave another gandasi blow from its sharp side and
when he (complainant) raised his left hand to save himself from that
blow, gandasi hit in the centre of his ring and middle fingers from its
sharp side. He raised alarm of mar-ditta, mar-ditta which attracted
Pargat Singh s/o Gopal Singh on the spot and on seeing him, all the
assailants alongwith their respective weapons boarded on their cruiser
vehicle and ran way from the spot. Then his (complainant's) son
Kulwinder Singh arranged for a conveyance and got him admitted in
Civil Hospital, Fazilka, where he was medico legally examined. From
the said statement of complainant, prima facie offences punishable
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u/ss 341, 323, 324, 34 IPC found to be made out against the accused.
I.O. put his endorsement beneath the statement of complainant and
sent it to the police station, which led to lodging of present FIR
against the culprits. The I.O. then proceeded to the place of
occurrence; prepared rough site plan and recorded statements of
witnesses. On 23.05.2013, x-ray report of the injured was received,
according to which injury no. 1 on the person of complainant having
been caused with sharp edged weapon was found to be grievous and
accordingly, offence u/s 326 IPC was enhanced. However, during
investigation conducted by the senior police officials, offence u/s 326
IPC was struck off. Accused were arrested on different dates. The
weapons of offence as well as the vehicle used for the commission of
crime were taken into police possession vide separate recovery
memos. Medical record of the injured was obtained. On completion
of investigation, the challan was prepared and presented in the court."
4. The prosecution in order to bring home the guilty of the
petitioners examined as many as six witnesses. Thereupon, the learned
trial court concerned, vide judgement 29.07.2015, held the petitioner
guilty for commission of offences punishable under Section 323, 326 read
with Section 34 IPC, whereas, they were acquitted of the offence
punishable under Section 341 read with Section 34 of the IPC, and
sentenced vide hereinabove extracted order of even date.
5. The petitioner remained unsuccessful in their attempt to
throw challenge the aforesaid verdict, by filing the statutory appeal, as
the same was also dismissed, vide judgment dated 24.02.2016.
6. This caused grievance to the present petitioners, and
propelled them to file the instant revision petition.
7. A co-ordinate bench of this Court vide order dated
26.05.2016, suspended the sentence of the present petitioners, during the
pendency of the instant revision petition.
8. Thereafter, on 12.03.2020, a co-ordinate bench of this Court
passed the following order:-
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"Mr. Shivraj Aangi, has appeared for respondent Nos.
1 to 3 by filing vakalatnama. The same is taken on record.
The petitioners are present in the Court.
Arguments heard in part.
Learned counsel for the petitioners has contended that
accused convicts Niranajan Singh is aged about 78 years, Pargat
Singh is aged about 35 years and Kabal Singh is aged about 45 years
and the incident took place 7 years back. They are not involved in any
other criminal case thereafter. The parties belong to the same village.
They are ready and willing to compensate the injured monetarily and
some leniency be shown to them on the point of sentence.
Learned counsel for the injured complainant states that
if adequate compensation is paid by the petitioners accused to the
injured then he would not oppose the request for showing leniency to
the petitioners on the point of sentence. It has been settled that the
petitioners accused convicts shall pay a total sum of Rs.75,000/- to
the injured complainant as compensation. Let appearance of
complainant injured be caused in the Court on the next date of
hearing on which date the petitioners accused shall bring the amount
with them for making payment to the complainant injured and
thereafter their statements may also be recorded in the Court.
Adjourned to 17.4.2020. "
9. Since both the parties had agreed that the matter can be
amicably settled, a co-ordinate bench of this Court while drawing an
order dated 01.10.2024, referred the matter to the Mediation and
Conciliation Centre of this Court. The efforts of the learned mediator, ripe
fruit, and the matter, is now finally settled between the petitioners and the
complainant, and a settlement agreement dated 16.10.2024, is executed
between them.
10. The conditions of the settlement, which are mentioned in
paragrph 8 of the said agreement, reads as under:-
"a) Both the parties admit that they are neighbours as their fields are
located adjacent to each other and they are maintaining cordial
relations amongst each other for some time now. For the peace and
tranquility of the village as well as the families of the parties the
respectables of the village intervened and made both of them agree
to settle their dispute.
b) It is agreed/settled between the parties that a sum of Rs.75,000/-
(Rupees Seventy Five Thousand only) is being paid before the
Mediation & Conciliation Centre by way of demand draft No.
000164 of HDFC Bank by the petitioners/first party to the
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complainant/second party in compliance of the order of the Hon'ble
High Court dated 01.10.2024. Earlier in an order passed by the
Hon'ble High Court dated 12.03.2020, both the parties had settled
before the Hon'ble High Court that a total sum of Rs.75,000/- shall
be paid to the injured complainant as compensation. Thus this
amount being one time full and final settlement of the instant
dispute, the entire dispute is finally resolved between the parties for
all times to come.
c) That since the entire dispute pertained to "Nakka' of the water-
course between the fields of both the parties, it is hereby agreed
between them that a pucca outlet of water-course (Nakka) shall be
got constructed by the petitioners/first party on or before 25.10.2024
so that no further dispute arises between the parties.
d) It has been mutually agreed between the parties that the second
party/complainant shall have no objection if Criminal Revision
Petition No.1332 of 2016 filed by the first party/petitioners is
disposed of by the Hon'ble High Court in light of the present
settlement/agreement. The second party/complainant undertakes to
make a statement in the Hon'ble Court with regard to the same on the
final date fixed.
e) The parties further undertake not to initiate or institute any
unwanted litigation against each other and their family arising out of
the matter in dispute.
f) As per knowledge of both the parties, there is no other pending
litigation between the parties qua the present dispute. It has been
further agreed between the parties that in case of coming into
knowledge of any petition or case filed by any of the parties against
other, the same shall be withdrawn by either of the party who has
filed it.
g) This compromise has been arrived at between the parties without
any pressure, undue influence or misrepresentation and both the
parties have agreed to abide by the terms and conditions of the
agreement. Both the parties shall be bound with the terms and
conditions of this compromise."
11. Learned counsel for the respondent-complainant submits that
the complainant has received the total sum of Rs.75,000/-, on account of
compensation, as per the agreement.
12. This Court has considered the rival submissions made by
learned counsel for both the parties concerned, and has gone through the
entire case file.
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13. Since the petitioners have faced agony of the trial since 2013,
i.e. about 11 years, and the dispute arose between the petitioners and the
complainant only on account of a water course (Nakka), their fields being
adjacent to each other, and now the matter has finally been amicably
settlement between the petitioners and the complainant, through the
mediation proceedings, while entering into a settlement/agreement dated
16.10.2024, therefore, it is amenable that the matter should be given a
descent burial.
14. In view of the changed and other mitigating circumstances,
as recorded above, this Court deems it fit and appropriate to reduce the
sentence of the petitioners to the period already undergone. The sentence
of fine is ordered to remain intact.
15. Both the parties, shall remain bounds by the terms and
conditions of the settlement/agreement (supra).
16. Disposed of accordingly.
17. All pending application(s), if any, also stand disposed of
accordingly.
(KULDEEP TIWARI)
October 25, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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