VIJAY PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of two Criminal appeals bearing Nos. 319-SB of 1991 and 324-SB of 1991 arising out of the same judgment and order dated 8.8.1991 and 9.8.1991 respectively.

(2.) INITIALLY appellants in both these appeals were put to face trial for commission of offences under Sections 148, 452, 307, 149, 323/149, 342/149, 436/149 of IPC. It was case of prosecution that appellants, by forming an unlawful assembly and in pursuance to their common object, caused injuries to Tej Ram, Vijay Kumar and Smt. Kanta Devi. At the time of occurrence, they were armed with deadly weapons and they had also committed house trespass by entering into house of Tej Ram PW. It was also allegation against appellants that they had wrongly confined Vijay Kumar in the house of Atma Ram.

(3.) IT is not necessary to give further details of facts of the case as Sh. Lamba has confined his arguments only regarding quantum of sentence. It has been stated that appellants are the only bread winners for their families and most of them were young at the time of alleged occurrence. May be without knowing consequences of their act, they might have committed the offence with which they were charged and if at this stage, they are sent behind the bars, not only they but their families will also suffer. He further states that appellants and the injured were residents of the same locality and it was a dispute between landlord and tenant. After their conviction in this case, appellants had not involved themselves into any other similar activity and now they are residing in peace. Sh. Lamba states that if at this stage they are asked to undergo remaining part of their sentence it will vitiate atmosphere in the locality and will be prejudicial to the peace and harmony in that area. He also brought it to the notice of the Court that during trial, appellants have undergone about one month of imprisonment. He prays that leniency be shown and a chance be given to them to rehabilitate in life and sentence be reduced to the one already undergone by them. He also brought it to the notice of the court that at the time of alleged occurrence, injuries were also caused to Vijay Pal and Hukan Chand, appellants.