(1.) THE abovesaid three appeals have been filed by the appellants, against the judgment and order dated 3/7.12.2001 passed by Additional Sessions Judge, Jalandhar, vide which they were convicted and sentenced as under :- Harbhagwant Singh, Gulzar Singh, Dalwinder Singh, Satnam Singh, Jarnail Singh (in Crl. A. No. 1480-SB of 2001) U/s 307/149 IPC to undergo RI for a period of seven years each and to pay a fine of Rs. 2,000/-. In default of payment of fine, the defaulter shall further undergo RI for one year. Lakhbir Singh, Sulakhan Singh, Balwinder Singh, Avtar Singh, Joginder Singh son of Dalip Singh, Jasbir Singh, Ranjit Singh, Joginder Singh son of Niranjan Singh, Mohan Singh, Santokh Singh, Jaswinder Singh and Avtar Singh (in Crl. A. No. 1481 SB of 2001) U/s 332/149 IPC to undergo RI for a period of two years each and to pay a fine of Rs. 1,000/-. In default of payment of fine, the defaulter shall further undergo RI for six months. Lali Ram (in Crl. A. No. 34 SB of 2002) U/s 353/149 IPC to undergo RI for a period of one year each and to pay a fine of Rs. 500/-. In default of payment of fine, the defaulter shall further undergo RI for three months. All the appellants, U/s 148 IPC, to undergo RI for one year each. Joginder Singh, U/s 27 of the Arms Act, to undergo RI for a period of three years and to pay a fine of Rs. 1,000/-. In default of payment of fine, the defaulter shall further undergo RI for six months.
(2.) HOWEVER , all the sentences were ordered to run concurrently.
(3.) ON 17.4.1991, Bhag Singh created faction in this union and became the President of his own faction, due to which, the office of the union was locked and notice was sent to the A.D.C. and D.T.O. Jalandhar, and it was brought to their notices that Bhag Singh wanted to occupy the office of the Union forcibly. On 4.5.1991, the DTO came to Phillaur. Bhag Singh and Pritam Lal Nayyar appeared before him as head of both the factions. It was suggested by Pritam Lal Nayyar that two members be nominated by each of the faction and fifth member be elected by both the factions unanimously and that affairs of the union run by that committee consisting of those five members. The DTO wanted that the election be held. In order to consult the other members of the union, Pritam Lal Nayyar came to the Police Station and in his absence Bhag Singh got constituted a committee consisting of the members of his faction; namely Gurmail Singh, Santokh Singh, Gurdial Singh, Mohinder Singh and Satnam Singh. Against that decision of the DTO, the members of the other faction appeared before the ADC, who advised them to continue with the functioning of the union with their own president.