SHIV DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this criminal revision petition is to the order dated 3.9.2013 passed by learned Additional Sessions Judge, Amritsar, whereby the appeal filed by petitioners Shiv Dass and Swaran Dass challenging their conviction and sentences for the offences punishable under Sections 323, 324 and 326 read with Section 34, IPC, recorded by learned Judicial Magistrate Ist Class, Amritsar, was dismissed after modifying the substantive sentence.

(2.) AT the time of preliminary hearing of present criminal revision petition on 7.2.2014, learned counsel for the petitioners submitted that in view of the concurrent findings recorded by both the Courts below, he did not want to challenge the conviction of the petitioners. However, he submitted that the main accused Gopal Dass, who was attributed an injury attracting the mischief of Section 326, IPC, on the person of Balwant Singh, has since died and the petitioners had already suffered incarceration for one year, therefore, notice of motion was issued with regard to the quantum of sentence only.

(3.) THOUGH the learned counsel for the petitioners has confined his submissions with regard to the quantum of sentence awarded to the petitioners, but to satisfy the conscience of this Court, the material available on record has been re -appraised.