S.S. Saron, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE applicant -Appellant No. 4 Amarjit Singh alias Jyoti seeks suspension of sentence during the pendency of the appeal. The applicant Appellant No. 4 has been convicted by the learned Additional Sessions Judge, (Ad hoc), Fast Track Court, Amritsar. He along with others has been held guilty for the offences under Sections 316/34 and Section 452 IPC. The applicant -Appellant No. 4 has been convicted to rigorous imprisonment for two years; besides pay a fine of Rs.1,000/ - and in default of payment of fine to undergo rigorous imprisonment for a period of two months for the offence under Section 452 IPC. He has also been sentenced to rigorous imprisonment for four years; besides pay a fine of Rs.2,000/ - and in default of payment of fine to undergo rigorous imprisonment for three months for the offence under Section 316 read with Section 34 IPC. Both the substantive sentences have been ordered to run concurrently. Recovery of fine was stayed at the time of admission of the appeal on 24.1.2011. The prosecution case has been initiated on the statement of Kuldip Kaur -complainant, who was married with Sukhwant Singh about 21/2 years earlier to the incident that occurred on 24.7.2007. The complainant had a dispute with Phuman Singh, Manga Singh and Jyoti (applicant -Amarjit Singh Appellant No. 4) sons of Avtar Singh. With the intervention of the respectables the matter was settled. On 24.7.2007 at about 8.30 p.m., Kuldip Kaur -complainant along with her husband Sukhwant Singh, her mother -in -law Gurmeet Kaur and father -in -law Sawinder Singh were at their house when Mintu and Sonu sons of Balwinder Singh, Jhima son of Khazan Singh, Phuman Singh, Manga and Jyoti (applicant -Appellant No. 4) sons of Avtar Singh entered their house and on coming there Sonu raised a Lalkara to catch hold of them and teach a lesson for quarreling with them. At this, Mintu and Jhima gave fist blow in the stomach of the complainant. Manga kicked in her stomach. Jyoti (applicant -Appellant No. 4) and Phuman Singh dragged her by holding her from her hair and feet. The complainant raised an alarm on hearing which all the accused fled away from the place of occurrence. The role attributed to the applicant -Appellant No. 4 is that he had dragged the complainant -Kuldip Kaur. The foetus that the complainant was carrying had to be aborted and, therefore, the applicant -Appellant No. 4 along with others have been convicted for the offence under Section 316 read with Section 34 IPC; besides, Section 452 IPC. The applicant Appellant No. 4, it is submitted, in fact was a juvenile at the time of the incident. A reference has been made to the Matriculation examination certificate (Annexure -A.1) wherein his date of birth is recorded as 29.6.1990. It is submitted that the said plea could not be taken before the trial Court. Besides, a reference is made to the certificate (Annexure -A.2) wherein the Principal, Senior Secondary School, Gumanpura (Amritsar) has stated that the applicant -Appellant No. 4 remained present in the school till 20.12.2010 as per attendance register. He is a student of Class 10+2. The examination of the second semester of Class 10+2 is to be conducted in March 2011. In terms of the custody certificate that has been filed in Court today by the learned Counsel for the applicant -Appellant No. 4, the applicant Appellant No. 4 till 23.12.2010 has undergone imprisonment of 3 months and 9 days. As on date he has undergone further imprisonment of about 11/2 months out of the sentence of four years. Keeping in view the fact that the applicant -Appellant No. 4 is said to be a juvenile at the time of incident; besides, the fact that he has to appear in 10+2 examination to be conducted in March 2011, it would be just and expedient that during the pendency of the appeal his sentence of imprisonment is suspended.
(3.) ACCORDINGLY , the criminal miscellaneous application is allowed and the sentence of imprisonment of applicant -Appellant No. 4 Amarjit Singh alias Jyoti shall during the pendency of the appeal remain suspended subject to his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Amritsar.;