PASHORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Special leave granted.

(2.) Pashora Singh and Lahora Singh, two brothers were tried for offences under Sections 307/ 447/ 326/ 324/ 323 read with S. 34 of the Indian Penal Code for inflicting injuries on Amar Singh and Pat Singh on 27-8-1981. The learned trial Judge held that charges under Ss. 307 and 326 were not established. The trial Judge found both the accused guilty for the offences under Ss. 447, 324 and 323 of the Indian Penal Code. As the accused were not previous convicts, they were granted the benefit of probation under S. 360 of the Code of Criminal Procedure.

(3.) The State of Punjab filed an appeal and the complainant filed a revision in the High Court against the aforesaid order of the trial Judge. The High Court found both the accused persons guilty for offence under S. 307 read with S. 34 of the Indian Penal Code for injuries inflicted on Pal Singh. The High Court also affirmed the conviction of the accused persons under Ss. 447 and 324 of the Indian Penal Code. The High Court took into consideration the fact that the occurrence had taken place as back as on 27-8-1981 and the accused had undergone the agony of trial for more than a year before the trial Court and the appeal against their acquittal remained pending in the High Court for the last eight years, as such sentenced both the accused to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/- each under Ss. 307/34 of the Indian Penal Code. The High Court directed that out of the fine, if realised, Rs. 4,000/- be paid to Pal Singh injured and Rs. 2,000/- to Amar Singh injured by way of compensation. Both the accused were further sentenced to undergo rigorous imprisonment for three months under S. 447 and so far as Pashora Singh is concerned, he was also sentenced to undergo rigorous imprisonment for six months under S. 324 of the Indian Penal Code. All the substantive sentences of imprisonment were ordered to run concurrently.