Kirpal Singh and Ors. Vs State of Punjab

Learned State Counsel has filed custody certificates of the petitioners . He has also filed a status report in respect of death of the petitioner N o.1 Kirpal Singh. As per it, h e has expired on 08.01.2026. T h ere is no inti m ation about deposit/payment o f fine by him. However, keepi n g in view deat h of the petitioner No.1 Kirpal S i ngh, the present petition qua hi m is disposed of as abated subject to deposit/p a yment of fine imposed on hi m out of estate l e ft behind by him, if any. If h is LRs intend to continue wit h the present pe t ition in respect of fine, they sh a ll be at liberty to move approp r iate applicatio n in that regard. 2. As per the prosecution case, t he petitioners and the above-stated Kirpal Sin g h, in furtherance of their com m on intention, on 16.09.2004, i n the area of Po l ice Station Kurali, caused hur t to the complainant Balwant S i ngh with sharp edged weapons and grievous h u rt with blunt weapons. Their s uch act led to t he registration of the FIR in qu e stion and their ultimate trial b y the concerned Magistrate. On completion of t r ial, they were convicted under

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(212) CRR-3198-2009

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Section 324 read with Section 34 and Section 325 read with Section 34 of the Indian Penal Code. They were imposed sentence of 6 months each under the said sections which were to run concurrently. They filed an appeal against the said judgment of conviction and order of sentence. However, their such appeal was dismissed by the Court concerned on 28.11.2009. Aggrieved of such dismissal, they filed the present petition. Their sentences were suspended on 02.02.2010. Since then, they are stated to be on bail.

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Learned counsel for the petitioners Ram Singh, Sukhdeep Singh and Kamaljit Singh has made a statement at Bar that the petitioners have instructed him to state before this Court that they do not challenge the impugned judgments of conviction but leniency may be shown to them in the matter of imposition of sentence. He also states that out of the maximum imprisonment of 6 months each, the said petitioners have already undergone substantive custody period of 2 months and 6 days each.

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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 2 months and 6 days each out of the sentence 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 16.09.2004. During pendency of the present petition, one of the petitioners has already died. At the time of passing the judgment by the concerned Magistrate, the petitioner Ram Singh was aged 55 years whereas the petitioner Sukhdeep Singh was aged 22 years and the petitioner Kamaljit Singh was aged 35 years. A period of more than 22 years has elapsed since the date of

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(212) CRR-3198-2009

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occurrence. The said petitioners have already undergone a 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 said petitioners to the period already undergone. Accordingly, the impugned judgments of conviction are confirmed but the sentences imposed on the said three petitioners are reduced to the period already undergone by them. The sentence of payment of fine is maintained.

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

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July 7, sailesh	2026	(RAMESH	CHANDER DIMRI) JUDGE
	Whether speaking/reasoned :	No
	Whether Reportable :	No

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Kirpal Singh and Ors. v. State of Punjab

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Kirpal Singh and Ors. v. State of Punjab

Case brief

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