Gulzar Singh and Ors. vs State of Punjab :

Pritpal Singh, J.

This revision petition filed by the petitioners against their conviction and sentence was admitted to consider the matter of sentence. Since petitioners Nos. 3 to 9 had been released on probation of good conduct, the learned petitioners'' counsel does not press the petition on their behalf.

So far as the remaining two petitioners, namely, Gulzar Singh and Balbir Singh are concerned, they have been convicted under sections 326 and 148 read with section 149, Indian Penal Code, and each of them has been sentenced to undergo two years'' rigorous imprisonment and to pay a fine of Rs. 1000/. The prayer on their behalf is for reduction in sentence.

The occurrence took place on 3081981. Gulzar Singh caused grievous incised injury to Shingara Singh above the wrist joint by which the bone was cut through. Balbir Singh petitioner inflicted injury to Dhyan Singh on the left upper arm which was only bone deep. It was, however, declared grievous after being radiologically examined. It was a marginal case falling under section 326, Indian Penal Code.

Having regard to the fact that the petitioners are first offenders and have been under the stress and strain of criminal prosecution for more than five years, the sentence of imprisonment awarded to Gulzar Singh petitioner is reduced to six months'' rigorous imprisonment though the amount of fine is increased to Rs. 2000/ , in default of payment of which he will undergo further rigorous imprisonment for four months. The case of Balbir Singh petitioner being a border line case under Section 326, Indian Penal Code, his sentence of imprisonment is reduced to already undergone. His fine is also increased to Rs. 2000/ in default of payment of which he will undergo further rigorous imprisonment for four months. The fine, on realization will be paid to the injured Dhyan Singh and Shingara Singh in equal shares.

With this modification in the order of sentence this revision is dismissed.