TEK CHAND Vs. STATE

JUDGEMENT

(1.) THIS revision was admitted on the question of sentence. Learned counsel has also argued the revision only on the question of sentence and not on merits.

(2.) THE prosecution case, in brief was that one Tek Chand had illicit intimacy with one Smt. Kalawati. At about 9 p. m. on 6-7-1965, Tek Chand went to the house of Smt. Kalawati. One Ram Kishore protested. Tek Chand did not like the protest and went back. Soon after, he came back along with the other accused armed with deadly weapons. Tek Chand had a sword. Bheem Sen had a Ballam and other accused had lathis. THEy gave beating to Ram Kishore, Data Ram, Lalloo and Hori. All of them suffered injuries. THE injuries caused to them were large in number. Ram Kishore sustained seven injuries, Data Ram seven, Lalloo five and Hori one injury. Out of them Ram Kishore suffered four incised wounds and Data Ram two incised wounds. Lalloo got a punctured wound. Other injuries were either contusions or lacerated wounds.

(3.) LEARNED counsel for the applicants has contended that the sentences awarded to the applicants be reduced to the sentence already undergone as it would not be proper and in the interest of justice to send the applicants back to jail after a lapse of such a long time. The offence was committed on July 6, 1965. The Trial court recorded the conviction on 26-4-1973. The appeal was decided on 1st March 1974. The revision was admitted on 5-4-1974. The applicants have mostly remained on bail.