AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE two meaningful questions which in essence fall for determination in this reference to the Full Bench are:

(2.) EQUALLY at issue is the connected question whether the view expressed by the Division Bench in Lai Singh, v. State , can still hold the field in ;the wake of the recent judgment in Stale of Orissa v. Ram Chander Agarwala ).

(3.) THE two petitioners were brought to trial on the charge of attempted murder before the Additional Sessions Judge, Amritsar. The learned Judge, however, acquitted them of that charge but held A jit Singh, petitioner guilty substantively Under Section 326, Penal Code, and Charan Singh Petitioner Under Section 326 read with Section 34, Penal Code, and imposed sentences of two years' rigorous imprisonment and fine of Rs. 100 and one year's rigorous imprisonment and fine of Rs. 50 respectively, They appealed, and the matter came up before my learned brother Tewatia, J. , silting singly. While upholding their conviction, the sentence imposed was altered in the following terms: Accordingly, instead of sending back the two appellants who are on bail, to jail, the unexpired portion of their sentence is converted into a fine of Rs. 1,000 each, in addition to the fine already imposed by the trial Court, The entire fine is directed to be deposited within four months from today. In the event of non-compliance of this condition the appellants shall surrender and undergo the remaining portion of their substantive sentences. However, in the event of the realisation of the fine, half of the same shall be. made over to Makhan Singh injured, who shall be intimated about t his right to receive the part of the fine 'by the trial Court where the same is to be deposited. The appeal stands disposed of accordingly.