VARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment, I propose to dispose of two cases viz. Criminal Appeal No. 125-SB of 1990 (Varinder Kumar and 3 others v. State of Punjab) and Criminal Revision No. 711 of 1990 (Rakesh Kumar v. Varinder Kumar and 3 others) as both arise out of the same judgment of learned Additional Sessions Judge, Hoshiarpur dated 11.4.1990.

(2.) VARINDER Kumar son of Channa Ram, his two brothers Surinder Kumar and Dalip Kumar and Vir Pal son of Bhag Ram the appellants-herein were charged undeer Sections 307/308/325/326 read with Section 34 IPC, but now they stand convicted under Sections 326 and 323 IPC by the aforesaid judgment. Dalip Kumar, Surinder Kumar appellants have been convicted substantively under Section 326 IPC and with the aid of Section 34 IPC for the offence under Section 323 IPC, whereas Varinder Kumar and Vir Pal appellants stand convicted substantively under Section 323 IPC and with the aid of Section 34 IPC for the offence under Section 326 IPC. Each of them has been sentenced to undergo RI for 3 years and to pay a fine of Rs. 500/- or in default of payment of fine to suffer further RI for four months under Section 326 IPC. Under Section 323 IPC, each of them has been sentenced to undergo RI for one year. However, no sentence of fine has been imposed on this count. However, all the substantive sentences were ordered to run concurrently.

(3.) STATE of Punjab has not filed any appeal against acquittal of the present appellants for the offences under Sections 307/308/325 IPC. The complainant has come up in revision with the prayer for enhancement of sentence and payment of compensation.