KHARAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been filed against the order dated 18.09.1990 passed by the Additional Sessions Judge, Hoshiarpur, whereby, the appeal against the order of the learned Trial Magistrate dated 07.02.1989 has been dismissed with the modification in the quantum of sentence. The learned Trial Magistrate had Section 148 Indian Penal Code (for short 'IPC'). Thereafter, separate sentences were passed against the petitioners for the offences attributable to them sentencing them to undergo rigorous imprisonment, maximum for three years, besides other sentences as attributed to them. The sentences were, however, to run concurrently. The fine of Rs. 7,500/- was paid. In appeal, the learned Additional Sessions Judge reduced the sentence to one and half years (18 months) for the offence under Section 326/149 IPC. The said order dated 18.09.1990 passed by the Additional Sessions Judge, Hoshiarpur, as already noticed, is assailed in this appeal.

(2.) SHRI H.S. Gill, learned senior counsel appearing with Shri R.K. Dhiman, advocate for the petitioner after arguing their case for some time on merits and realizing that he would not be able to convince the court on the order of they being found guilty, confined his argument to the quantum of sentence only. He has contended that in view of the long lapse of time i.e. 16 and half years from the date of occurrence, the sentence imposed on the petitioners is liable to be reduced to that already undergone by them. This is more so in view of the fact that the entire family of the petitioners has been convicted, inasmuch as four of the petitioners are brothers and 5th petitioner, namely Swaran Singh is their father and, therefore also the sentence of imprisonment is liable to be reduced.

(3.) I have given my thoughtful consideration to the respective contentions of the learned counsel appearing for the parties.