BALDEV RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were tried for the offences under Sections 326/324/34 IPC on the allegations that on 16.7.1993 at about 1.00 p.m. two of them, namely, Piara Ram and Shinder Ram while armed with a gandasa each caused injuries to complainant-Jarnail Ram (Singh) PW2 and at that time Baldev Ram-petitioner though armed with a dang had raised a lalkara for teaching a lesson to the complainant for possessing one killa extra land. Vide judgment and order dated 27.3.1996 Sub Divisional Judicial Magistrate, Phul convicted Piara Ram-petitioner of the offence under Section 326 IPC and Baldev Ram and Shinder Ram petitioners for the offences under Sections 326/34 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo simple imprisonment for one month. Shinder Ram-petitioner was convicted under Section 324 IPC whereas Baldev Ram and Piara Ram-petitioners were convicted under Sections 324/34 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- each and in default of payment of fine to undergo simple imprisonment for fifteen days. The sentences were ordered to run concurrently.

(2.) Aggrieved of their conviction and sentences, the petitioners filed an appeal but the same was dismissed by Sessions Judge, Bathinda on 21.3.1998. The petitioners then knocked the doors of this Court by filing the present revision under Section 401 Cr.P.C.

(3.) At the outset, learned counsel for the petitioners has stated that because of the overwhelming evidence available on the file, he is not in a position to challenge the conviction of the petitioners. However, he has submitted that the occurrence in question had taken place more than seventeen years ago and ever since then the petitioners have been facing the agony of criminal prosecution. The petitioners are not previous convicts. They have already undergone a substantial portion of their sentence and, therefore, their substantive sentences of imprisonment be reduced to that already undergone by them.