BABU SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Though the appellants, three in number along with Lila Singh, stood trial under sections 307/34 Indian Penal Code and other ancillary offences, the trial court convicted them under S. 324/34 indian Penal Code for having caused injuries to Kaur Singh, jiwan Singh and Harbans Singh, PWs. On appeal by the Stale, however, the conviction was altered. All the four accused were convicted under Section 307/ 34 Indian Penal Code but Lila Singh substantially for the offence under Section 307 Indian Penal Code, and were imposed sentence of two years rigorous imprisonment. On joint special leave petition to this court, Lila Singh was declined leave whereas the appellants were granted, in view of the judgment and order of the High court, applying Section 34 Indian Penal Code.

(2.) We have heard learned counsel. The injury from which murderous assault could be spell out was attributed to Lila Singh. The other injuries on the injured persons were simple in nature. It is difficult, in the facts and circumstances of this case, to conclude that all the four accused had common intention of murderous assault on the PWs. It can otherwise be spelt out that they had a common intention but of a lesser offence, i. e. under Section 324 Indian Penal Code.

(3.) Thus, we alter the conviction of the three appellants alone to one under S. 324/34 Indian Penal Code as recorded by the trial court. But instead of requiring them to execute a bond as did the trial court we would reduce their sentence to the period already undergone under all counts. To this extent, the appeal stands allowed. Disposed of accordingly.