RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted. The appellants are the original accused nos.1 and 6. Apart from the appellants, five other accused were prosecuted for the offences punishable under Sections 148, 323, 325 and 149 of Indian Penal Code (for short "IPC"). The learned Additional Chief Judicial Magistrate convicted all the seven accused for the offences for which they were prosecuted. Following punishments were imposed on all seven accused:

(2.) Shri Jawahar Narang, the learned counsel appearing for the appellants submitted that there is no difference between the role ascribed to the appellants and the role ascribed to the accused who were given benefit by the High Court of being let off on the sentence already undergone. He submitted that the High Court has not recorded any reasons for giving a different treatment to the present appellants.

(3.) Shri Birendra Kumar Chaudhary, the learned AAG representing the respondent-State of Haryana invited our attention to the injuries sustained by PW1 Mahabir, PW2 Balwan, PW3 Narender and PW4 Sheela Devi, as well as PW5 Usha Devi. He submitted that there was a fracture of two ribs of PW1 Mahabir. He submitted that the case of the prosecution that the present appellants gave blows of lathi on the injured witnesses has been established. He would, therefore, submit that no interference is called for.