BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard learned counsel for the parties at length.

(2.) Accused Bachan Singh, Gurnam Singh and Chanan Singh were convicted by the Sessions Judge of Gurdaspur of an offence under Section 304 Part I read with Section 149 I.P.C. and were sentenced to rigorous imprisonment for 10 years and a fine of Rs.1000/-. They were also convicted of an offence under Section 149 I.P.C. and sentenced to rigorous imprisonment for 2 years. The remaining two accused Ravail Singh and Vir Singh were convicted of an offence under Section 304 Part I read with Section 149 I.P.C. but they were sentenced to rigorous imprisonment for 5 years and a fine of Rs. 500/-. Further, they were convicted of an offence under Section 147 imprisonment for 1 year.

(3.) An appeal was filed by the accused against their conviction and sentence; and the State filed an appeal for their conviction and sentence under Section 302 I. P. C. A. revision petition was filed under Section 401 Cr. P. C. for enhancement of the sentence of imprisonment and fine "to meet the ends of justice." The High Court of Punjab and Haryana made an express order on December 9, 1974 that the revision petition would be heard along with the criminal appeal (No. 1039 of 1974) filed by the accused.