LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) OUT of the four accused who stood trial under Sections 307/324/34, Indian Penal Code, before the Additional Sessions Judge, Jullunder, only Lakhbir Singh appellant was convicted under Section 324. Indian Penal Code. He was sentenced there to under go two years rigorous imprisonment and to pay a fine of Rs. 500/ - in default two months' rigorous imprisonment.

(2.) ONLY minimal facts need be noticed. The victim Gurdev Singh P.W. 2 was retuning on his cart to his village. When the appellant, his two brothers and their father waylaid him. The appellant armed with a kirpan and one of his brother Balbir Singh armed with a datar inflicted on him two blows. The blow on the head was ascribed to the appellant and that on the right calf to Balbir Singh, Balbir Singh having been acquitted, the appellant was held responsible for both injuries. The learned counsel for the appellant is right in contending that when the author of the second injury has been acquitted, its responsibility could not be transferred to the appellant merely on the ground he has been found to be involved in the crime. For the sole injury caused by appellants, he contends that the sentence awarded is not commensurate and that the appellant who is a Homeopath Practitioner, some one rendering service to the society, be released on probation.

(3.) I have considered the aforesaid request. It is undoubtedly true that though the injury caused by the appellant has been termed as simple yet it is marginally so. The medically experts had opined the injury to be grievous but the learned Additional Sessions Judge on reasoning held it to be simple. The fact remains that the appellant despite causing that injury did not repeat the blow and remained satisfied with having caused only one injury. This shows that he is not a man of tremendous criminal propensities. It would thus be worthwhile to put him to the road of reformation. Accordingly, let the appellant execute a bond in the terms of section 4 of the Probation of Offenders Act in the sum of Rs. 5,000/ - with one surety of the like amount operative for a period of two years before the trial Court, binding himself to come and receive sentence when called upon to do so by the Court and in the meanwhile to keep peace and be of good behaviour. Let the bond be executed on or before 1.3.1983. The appellants is also directed to pay a sum of Rs. 1500/ - as compensation to the victim under Section 5 of the Probation of Offenders Act. The fine of Rs. 500/ -, if paid by the appellant, be adjusted towards compensation.