SURAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petitioners had been convicted by Additional Chief Judicial Magistrate, Gurdaspur, under Sections 148, 452 and 323 of Indian Penal Code. Khazan Singh petitioners had been further convicted under Section 326 while his co-accused, under Section 326 read with section 149 of the Indian Penal Code. Mohinder Singh petitioner has also been convicted under Section 324 of the Indian Penal Code and his co-accused under Section 324 read with section 149 of the Indian Penal Code. They have been sentenced to various terms of imprisonments but all the sentences of imprisonment have been ordered to run concurrently. Maximum sentence imposed is of 1 year and these are under Section 148, 452, 326 and 326 read with section 149 of the Indian Penal Code. For the offence under Sections 326 and 326 read with section 149 of the Indian Penal Code the respective petitioners have also been ordered to pay a fine of Rs. 200/- and in default of payment of the fine to further undergo rigorous imprisonment for two months. After an unsuccessful appeal which was heard by Additional Sessions Judge, Gurdaspur, the petitioners have come to this Court in revision which was admitted only on the question of quantum of sentence.

(2.) THE learned counsel for the petitioners argued that at that time of his conviction on Ist February, 1982, Surat Singh was 95 years old and, therefore, considering his present age, his sentence of imprisonment be reduced to that already undergone. This submission has force. Now Surat Singh is about 96 years old and no useful purpose would be served by sending him to jail again.

(3.) THE learned counsel for the petitioners also prayed for reduction in sentence of the remaining petitioners. I am of the opinion that the learned trial court has already been lenient in imposing the sentence.