SAHDEV Vs. JAIBAR ALIAS JAI DEV

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal by the informant is to the judgment of a learned Single Judge of the Punjab and Haryana High Court by which the High Court while upholding the conviction of respondents 1 to 4 for offence punishable under Sections 307 and 326 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC') reduced the sentence from 10 years to 7 years in respect of first offence.

(3.) The factual scenario has been described in detail in Criminal Appeal No. 16/2007 and Criminal Appeal No. ... of 2009 (Arising out of SLP (Crl.) 2007 of 2008) disposed of by us today. In the present appeal filed by the complainant, who had suffered injuries the legality of the order so far as it relates to reduction of sentence is concerned, has been questioned. It has been stated that the victims were mercilessly beaten and large number of injuries were caused to them. Without even indicating any basis, the sentence has been reduced. Injured Ram Swarup could not be examined because, as per the opinion of the doctor, he has lost his memory due to the injury caused to him. So far as the injuries on Ram Swarup are concerned they are as follows: