AVINASH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, Criminal Appeal No.567-SB of 1997 and Criminal Revision No. 1225 of 1997 shall be decided together. Criminal Appeal No.567-SB of 1997 has been instituted by Avinash Kumar son of Tilak Raj. He has prayed to this Court that the judgment and order dated 2nd July, 1997 passed by Additional Sessions Judge, Jalanahdar be set aside as according to the appellant, the trial Court has committed a grave error in convicting and sentencing him for offence under Section 307 and 450 IPC and under Section 25 of the Arms Act. The trial Court had sentenced the appellant to undergo rigorous imprisonment for five years and to pay fine of Rs.1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months for offence under Section 307 IPC for committing murderous assault upon Brij Rani injured. Furthermore, trial Court sentenced the appellant to undergo rigorous imprisonment for three years under Section 450 IPC for committing criminal house trespass in the house of Brij Rani injured.

(2.) The appellant was also sentenced under Section 25 of the Arms Act to undergo rigorous imprisonment for nine months. All sentences were ordered to run concurrently.

(3.) Criminal revision No. 1225 of 1997 has been preferred by Brij Rani, who was injured in the occurrence and had lodged case FIR No.90 dated 24.11.1995 at Police Station Kartarpur under Sections 450/380/307 IPC. The State of Punjab had not filed any appeal for enhancement, whereas complainant in the instant revision petition has prayed that sentenced of imprisonment should be enhanced and adequate fine be imposed and same be paid as compensation to the complainant petitioner in the revision petition.