BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NOTICE was issued to the Advocate -General, Punjab, to consider whether the petitioners be released on probation.

(2.) I have heard the learned counsel for the parties. It seems to me that no case has been made out to release the petitioner on probation. The foremost amongst them is Bhadur Singh who had suffered an ejectment decree pertaining to the land in dispute. The decree was executed at the spot and the decree holder had sown gorgham crop for fodder purposes. On July 2, 1981, presumably when the gorgham crop could not be very high, Bahadur Singh and others trespassed into the same and destroyed the crop by ploughing the field with a tractor. This shows that they had scant regard for the orders of the Court and to the rule of law. However, since no violence was caused that though the petitioner were armed with lethal weapons and the complainant was present there to witness the occurrence, it would be appropriate to reduce the sentence of the petitioners to the period already undergone under all counts and to impose on them a fine of Rs. 500/ - each, under the count of Section 440, Indian Penal Code. In default of payment of fine these to undergo rigorous imprisonment for six months. Out of the fine, if recovered, let a sum of Rs. 2000/ - be paid as compensation to Kundan Singh complainant who shall receive it on behalf of the Gurdwara. This petition is disposed of accordingly. Petition dismissed.