Balkaran Singh etc. Vs State of Punjab

As per the prosecution case, the allegations against the petitioners are that on 05.08.2004 at about 5.30 PM, in furtherance of their common intention, they caused hurt/grievous hurt to the complainant Beant Singh with a bat. The said allegations led to registration of FIR No.96 dated 7.8.2004 under Sections 325, 323 and 34 IPC at Police Station Talwandi Sabo. After filing of the challan against them, they underwent a trial. On conclusion of the trial, both of them were convicted under Section 325 and 324 both read with Section 34 IPC. Maximum sentence imposed upon them under the said sections was rigorous imprisonment for 02 years each.

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They filed an appeal against the said judgment of conviction

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VINAY MAHAJAN 2026.07.10 13:53 I attest to the accuracy and integrity of this document

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CRR-2160-2009(O&M) # 2#

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and order of sentence. However, the said appeal was dismissed on 10.07.2009. Aggrieved of the same, they filed the present revision petition which was admitted on 28.07.2010. Their sentences were suspended vide orders dated 15.1.2010 and 08.02.2010 respectively. Since then they are stated to be on bail.

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Learned Counsel for the petitioners has made a statement at Bar that the petitioners have instructed him to state before this Court that they do not challenge the impugned judgment dated 10.07.2009 passed by the court of Sh. S.K. Sachdeva, Additional Sessions Judge (Fast Track Court), Bathinda in Criminal Appeal No.152 dated 09.12.2008 titled as Balkaran Singh & Anr. Vs. State of Punjab and judgment of conviction as well as order of sentence dated 04.12.2008 passed by the court of Sh. Balwinder Kumar Sharma, Sub Divisional Judicial Magistrate, Talwandi Sabo in Police Challan No.122 dated 02.09.2004 titled as State Vs. Balkaran Singh & Anr. but leniency may be shown to the petitioners in the matter of imposition of sentence. As per him, the petitioner Balkaran Singh has already undergone custody period of 07 months and 05 days and the petitioner Chhota Singh has undergone 06 months and 13 days in custody.

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Per contra, Learned State Counsel opposes the said plea but has filed the custody certificates of the petitioners showing that the said petitioners have undergone a period of 07 months and 5 days as well as 06 months and 13 days respectively out of the sentence of 02 years imposed on them. Same be scanned and placed at appropriate place.

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The occurrence in question is stated to have taken place on 05.08.2004. At the time of passing the judgment by the concerned Magistrate, the petitioner Balkaran Singh was aged 31 years whereas the

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VINAY MAHAJAN 2026.07.10 13:53 I attest to the accuracy and integrity of this document

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CRR-2160-2009(O&M) # 3#

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petitioner Chhota Singh was aged 54 years. A period of more than 21 years has elapsed since the date of occurrence. The said petitioners have already undergone protracted criminal proceedings. Custody certificates filed today show that they have no other case registered against them. No previous conviction has also been shown against them in the same. In view thereof, I find the present matter to be a fit one for reducing the sentence imposed on the petitioners to the period already undergone by them. Accordingly, the impugned judgments of conviction are confirmed but the sentences imposed on the petitioners are reduced to the period already undergone by them in the present case. The sentence of payment of fine is maintained.

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The present revision petition is partly allowed in the abovestated terms. All the interim application(s), if any, are also disposed of.

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( RAMESH CHANDER DIMRI ) JUDGE

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09.07.2	026
Vinay
	*Whether speaking/reasoned*	*Yes/No*
	*Whether reportable*	*Yes/No*

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VINAY MAHAJAN 2026.07.10 13:53 I attest to the accuracy and integrity of this document

Balkaran Singh etc. v. State of Punjab

Case brief

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Balkaran Singh etc. v. State of Punjab

Case brief

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