HARI SINGH Vs. SUKHBIR SINGH

JUDGEMENT

(1.) These two appeals, by special leave are directed against a judgment of the High Court of Punjab and Haryana in Criminal Appeal No. 128-SP of 1984. The common respondents' in the appeals were prosecuted for various offences in the court of Additional Sessions Judge, Faridkot. By judgment dated February 28, 1984 learned Judge convicted and sentenced the accused as follows:

(2.) The accused appealed to the High Court challenging the conviction and sentence. The High Court by the judgment under appeals acquitted Sukhpal Singh and Surat Singh of all charges by giving them the benefit of doubt. The other accused who are respondents herein are also acquitted of the offence under S. 307/149 and S. 148 IPC. Their conviction and sentence under Ss. 325/149, 323/149 and S. 148 IPC are however, maintained. They are released on probation of good conduct. Each one of them, is ordered to pay compensation of Rs. 2,500/- to Joginder who was seriously injured in the incident. In default to pay the compensation they are directed to serve their sentence. The operative portion of the judgment runs like this:

(3.) In these appeals, there is no serious dispute with regard to acquittal of Sukhpal Singh and Surat Singh. The prosecution case that they were armed with Barchha has not been proved. There was no incised injury on the victim or any of the prosecution witnesses. Their participation in the commission of crime therefore appears to be doubtful. The High Court was justified in acquitting them.