PIARA SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is a revision petition by Piara Singh. By judgment dated February 7, 1968, Shri T.N. Gupta, Judicial Magistrate First Class, Hoshiarpur convicted the petitioners and Tarsem Singh under Section 326 read with Section 34 of the Indian Penal Code and sentenced each one of them to rigorous imprisonment for two years and to pay fine of Rs. 250 or in default of payment of fine to further suffer rigorous imprisonment for three months. The fine, if realised was payable as compensation to the persons injured. It was further directed that each of the convicts was to execute a bond under Section 106 of the Criminal Procedure Code in the sum of Rs. 2,000/- with one surety in the like amount for keeping peace for two years after they had served their sentences of imprisonment or in default of execution of such bonds, the convicts were to further undergo simple imprisonment for two years from the date they were to be released from jail after having served their sentences of imprisonment.

(2.) On appeal, Shri Sukhdev Singh Sidhu, Sessions Judge, Hoshiarpur, by his judgment dated the 9th August, 1968, upheld the conviction of the petitioners and reduced their sentences or rigorous imprisonment to 18 months. He also maintained the sentences of fine with the modified direction that 50% of the fine recovered would be equally payable to all the injured persons. The Court of appeal acquitted Tarsem Singh and dropped down the order for execution of bond by the petitioners.

(3.) Piara Singh, Hazara Singh are brothers. They are sons of Waryam Singh. Kashmir Singh and Tarsem Singh are sons of Piara Singh. The five injured persons are Darshan Singh, Tara Singh, Swaran Singh son of Nathu, Nasib Singh and Swaran Singh son of Mangtu. Darshan Singh is the brother of Swaran Singh son of Nathu. Tara Singh is the nephew of Darshan Singh. They are all residents of village Pandori Ganga Singh. The occurrence took place on May 1, 1966. Three days prior to the occurrence, Piara Singh employed Darshan Singh, his brothers, Kabal Singh and Swaran Singh, his nephew Rakha and his cousins Tara Singh, Teja Singh and Bachan Singh to harvest his wheat crop. He undertook to pay one sheaf to each labourer after 100 sheafs harvested. In other words, if each of them harvested 100 sheafts, they were to be given 7 sheafs. Piara Singh offered them 5 sheafs instead of 7 sheafts for the work done. Darshan Singh and their companions reluctantly accepted five sheafs and grumbled that they had not been fairly dealt with.