IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.205 OF 2008

Virsa Singh and Ors.        ...Appellant(s)

Versus

State of Punjab       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

Four appellants,  along with accused Balwinder Singh and Sucha Singh,

were tried and while the aforesaid two person were acquitted by the Trial  Court,

Appellant No.1-Virsa Singh and Appellant No.4-Balkar Singh along with one Avtar

Singh were convicted under Section 307 read with Section 149 of the Indian Penal

Code  [for  short,  `I.P.C.']  and  sentenced  to  undergo  rigorous  imprisonment  for  a

period  of  four  years  and to  pay  fine  of  Rs.1,000/-;  in  default  to  undergo further

imprisonment for a period of two months. They were also convicted under Section

325 read with Section 149 I.P.C. and sentenced to undergo rigorous imprisonment for

a  period  of  two years  and  to pay fine  of  Rs.250/-;  in default,  to  undergo further

imprisonment for a period of one month each. They were further convicted under

Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for a period of

one  year.  Appellant  No.2-Darshan Singh  was  convicted

....2/-

- 2 -

under  Section  307  I.P.C.  and  sentenced  to  undergo  rigorous  imprisonment  for  a

period  of  four  years  and  to  pay  fine  of  Rs.1000/-;  in  default  to  undergo  further

imprisonment for a period of three months.  He was further convicted under Section

326 read with Section 149 I.P.C. and sentenced to under rigorous imprisonment for a

period of two and half years and to pay fine of Rs.500/-; in default, to undergo further

imprisonment for a period of two months.  He was also convicted under Section 325

read with Section 149 I.P.C. and sentenced to undergo rigorous imprisonment for a

period  of  two  years  and  to  pay  fine  of  Rs.250/-;  in  default;  to  undergo  further

imprisonment for a period of one month.  This appellant was then convicted under

Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for a period of

one year.  Appellant No.3-Bakshish Singh was convicted under Section 307 read with

Section 149 I.P.C. and sentenced to undergo imprisonment for a period of four years

and  to  pay  fine  of  Rs.1,000/-;  in  default;  to  undergo  further  imprisonment  for  a

period  of  three  months.   He was  further  convicted  under  Section  326 I.P.C.  and

sentenced to undergo rigorous imprisonment for a period of two and half years and to

pay fine of Rs.500/-; in default, to undergo further imprisonment for a period of two

months.  He was also convicted under Section 325 read with Section 149 I.P.C. and

sentenced to undergo rigorous imprisonment for a period of two years and to pay fine

of Rs.250/-; in default, to undergo further imprisonment for a period of one month.

He was lastly convicted under Section 148 I.P.C. and sentenced to undergo rigorous

imprisonment for a period of one year.  The sentences, however, were ordered to run

concurrently.  On appeal  being  preferred  by  the accused persons, High Court

....3/-

- 3 -

confirmed the convictions and sentences.  So far as Avtar Singh is concerned, he did

not  prefer  any  appeal.   This  appeal  by  the  special  leave  has  been  filed  by  the

remaining four persons whose convictions have been confirmed by the High Court.

The prosecution case has been supported by P.Ws 4,5 and 6 (Bakshish,

Mann Singh and Sohan Singh  respectively),  out  of  whom P.W.4 is  the  informant

himself.   All  the  three  eye-witnesses  are  injured  persons.    We  have  been  taken

through  the  evidence  of  these  witnesses.  Having  perused  the  evidence  of  these

witnesses, we are of the view that the High Court as well as he Trial Court were quite

justified  in placing  reliance  upon their  evidence  especially  when  their  evidence  is

corroborated by medical evidence.  In our view, the High Court was quite justified in

upholding convictions of the appellants.

Learned counsel appearing on behalf of the appellants submitted that they

have  remained  in custody for  a  period  of  more than  one  year.   In  the  facts  and

circumstances of the present case, we are of the view that the ends of justice would be

met in case the sentences of imprisonment awarded against the appellants are reduced

to the period already undergone.   

Accordingly,  the  appeal  is  allowed  in-part  and  while  upholding  the

convictions of the appellants, sentences of imprisonment awarded against them are

reduced to the period already undergone by them.  The appellants are directed to be

released forthwith, if not required in connection with any other case.

......................J.       [B.N. AGRAWAL]

......................J.       [HARJIT SINGH BEDI]

New Delhi, September 09, 2008.