LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal, all the ten appellants who stood convicted under S. 148, 450, 326, 307, 324 and 323 read with S. 149 Indian Penal Code and sentenced to various terms of imprisonment in addition to the imposition of fine amount with the usual default clause with a direction that all the substantive sentences should run concurrently and that a sum of Rs. 2,000. 00 be paid as compensation to the victim Jaspal Singh (Public Witness 3 out of the fine amount, if realised, preferred an appeal before the High court of Punjab and Haryana, which for the reasons assigned in its judgment set aside the conviction of all the appellants under S. 307 read with S. 149 of Indian Penal Code but confirmed theconvictions of all the appellants in respect of the remaining offences. Coming to the question of sentence, the High court reduced the sentences of imprisonment to the period already undergone by the appellants under each count but enhanced the fine amount to Rs. 2,000. 00 in respect of each of the appellants for the conviction under S. 326 and 326 read with S. 149 Indian Penal Code with the usual default clause and directed half of the fine amount, if realised, "shall be paid to Jaspal Singh (Public Witness 3 and the remaining half to the other injured PWs, namely Balwant Singh (Public Witness 6 and Barbara Singh (Public Witness 7 in equal proportion".

(2.) It is seen that at the time of granting leave to appeal, this court was informed that the entire fine amount of Rs. 20,000. 00 imposed on all the appellants has already been deposited in this court.

(3.) After hearing the learned counsel for both the parties and carefully going through the entire records, we hold that there is no substance in this appeal and accordingly the appeal is dismissed. However, while confirming the judgment of the High court, we reduce the fine amount of Rs. 2,000. 00 imposed on each of the appellants under S. 326 and S. 326 read with S. 149 of Indian Penal Code to Rs. 1,000. 00 in default to suffer rigorous imprisonment for a period of six months. Out of the amount stated to have been deposited in this court, half of the amount i. e. Rs. 10,000. 00 is directed to be refunded to the appellants and out of the balance fine amount of Rs. 10,000. 00 a sum of Rs. 5,000. 00 shall be paid to Jaspal Singh (Public Witness 3 and the remaining half i. e. Rs. 5,000. 00 to the injured persons namely Balwant Singh (Public Witness 6 and Barbara Singh (Public Witness 7 in equal proportion.