WASAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two petitioners were tried along with one Gurdial Singh. The trial Magistrate convicted and sentenced the two petitioners and Gurdial Singh under sections 326, 324 and 323 read with section 34 of the Indian Penal Code. Wasakha Singh petitioner was also convicted under Section 27 of the Arms Act. The conviction and sentence of Wasakha Singh petitioner under sections 326 and 324 of the Indian Penal Code and under section 27 of the Arms Act were maintained in appeal, but his conviction and sentence under sections 324/34 and 323/34 of the Indian Penal Code were set aside. Harbans Singh petitioner was acquitted of the charges under sections 326/34 and 323/34 of the Indian Penal Code. His conviction under section 324 of the Indian Penal Code was however, upheld but he was given the benefit of the Probation of Offenders Act under section 324 of the Indian Penal Code and ordered to pay Rs. 400 as costs of proceedings. Gurdial Singh was acquitted of all the charges. Both Wasakha Singh and Harbans Singh have come up in revision to this Court.

(2.) The revision was admitted on 23rd December 1982, and Wasakha Singh petitioner was ordered to be released on bail. Since then he has been on bail.

(3.) In the occurrence which took place on 5th September 1980, both the complainant party and the party of the petitioners received injuries. Both the parties were challaned in cross-cases. However, the learned Magistrate acquitted the complainant side and recorded the conviction of the petitioners.