Ranjit Singh @ Jit Singh and anr. vs State of Punjab

J.S. Sekhon, J.

The trial Court vide its other dated August 9, 1988, convicted and sentenced the petitioners along with their coaccused Man Singh as under :

Inderjit. Singh petitioner was convicted under section 326 Indian Penal Code, for the injuries on Jaimal Singh P.W. while his coaccused Man Singh and Ranjit Singh for an offence under section 326/34, Indian Penal Code and each one of them was awarded 21/2 years rigorous imprisonment and fine of Rs. 500/, or in default of payment thereof, to further undergo two months'' rigorous imprisonment on these counts. Ranjit Singh petitioner was also convicted for an offence under section 325, Indian Penal Code, while the remaining accused Inderjit Singh and Man Singh were convicted under section 325/34, Indian Penal Code and each one of them was sentenced to undergo 11/2 years rigorous imprisonment on this count. Each of these petitioners was also convicted for an offence under section 324. Indian Penal Code and sentenced to undergo nine months'' rigorous imprisonment. Both the petitioners and their coaccused Man Singh were also convicted under section 323. Indian Penal Code and each one of them was sentenced to undergo six months'' rigorous imprisonment. The substantive sentences were, however, ordered to run concurrently.

On appeal, the learned Additional Sessions Judge, Ludhiana vide his order dated December 12, 1989, acquitted all the accused of the charge under section 326 or 316/34, Indian Penal Code, as the case may be, but sustained their conviction for offences under sections 325, 325/34, 324 and 323, Indian Penal Code. Man Singh, coaccused of the petitioners, being an old man of 60 years was ordered to be released on probation while the petitioners were sentenced to undergo 9 months'' rigorous imprisonment each for offence under section 324, Indian Penal Code. The sentence of the petitioners under section 325, Indian Penal Code, was reduced to six months'' rigorous imprisonment and fine of Rs. 1000/ each. The sentence under section 323, Indian Penal Code awarded to the petitioners by the trial Court was reduced to three months'' rigorous imprisonment. Out of the fine, if paid, Rs. 1000/ were ordered to be paid to Jaimal, Singh injured.

The revision petition filed by Ranjit Singh and Inderjit Singh was admitted on the point of sentence only. Ranjit Singh petitioner is above 20 years and his brother Inderjit Singh about 28 years of age. They have caused injuries along with their father Man Singh to Jaimal Singh P.W. on account of some dispute over a Pahi adjoining the fields of both the parties. Man Singh was armed with a spear while Inderjit Singh with gandasa and Ranjit Singh with Kirpan. Thus, possibility cannot be ruled out that the present petitioners had acted under the had influence of their father Man Singh coaccused. The grievous injury with the blunt weapon is located on the left upper arm of Jaimal Singh P.W., i.e. on the nonvital part. The rest of the injuries are simple in nature. Man Singh was released on probation by the first appellate Court.

Thus, under these circumstances and keeping in view the reformative trend of modern penology, the petitioners are also directed to be released on probation for a period of one year on their furnishing requisite bonds to the satisfaction of the Chief Judicial Magistrate, Ludhiana, undertaking to keep peace and be of good behaviour and to appear whenever called upon to do so. Each one of them shall pay Rs. 1000/ as compensation to Jaimal Singh. On the petitioners depositing the compensation the Judicial Magistrate shall send notice to Jaimal Singh Injured for collecting the same.

The revision petition succeeds partly to the extent referred above.