HARNEK SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Criminal Appeal No. S-1053-SB of 2010, filed by Harnek Singh, Simarjit Singh, Sukhmander Singh, Gurmeet Singh and Karamjit Singh, and Criminal Misc. No. A-894-MA of 2010, preferred by Guriqbal Singh. Both these cases arise out of judgment dated 6.4.2010. Vide that judgment, the appellants (in Criminal Appeal No. S-1053-SB of 2010) were convicted for commission of offences under Sections 325, 324, 148 and 149 IPC. Vide order of even date, the appellants were sentenced to undergo the following sentences:-

(2.) At the time of arguments, it was stated by counsel for the complainant and the appellants that better sense has prevailed; both the parties are co-villagers and in order to live in peace, they have entered into a compromise. Affidavits of Jagjit Singh and Guriqbal Singh, injured, have been taken place on record stating that on the intervention of the respectables of the village, the dispute has been patched up and they do not want to proceed further against the appellants/accused to maintain peace in the village. It is on record that the appellants were made to face trial in FIR No. 137 dated 30.9.2006, Police Station Mehna, District Moga, for commission of offences under Sections 307, 325, 324, 148 and 149 IPC. It was an allegation against them that on 29.9.2006, at about 3.30 P.M., they had caused injuries to Jagjit Singh and Guriqbal Singh after forming an unlawful assembly.

(3.) After investigation, final report was put in Court. Appellants/accused Sukhmander Singh and Simarjit Singh were put in column No.2, however, during trial they were summoned to face trial. Counsel for the appellants and the complainant state that the parties live in peace and if at this stage the appellants are sent behind the bars, the old wounds will be revived and it will not be good for health of the society and to keep peace in the village. The State counsel has failed to show anything to the contrary.