PIARA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, namely, Piara Singh and his two sons Sarabjit Singh @ Pappu and Bikramjit Singh @ Lali were tried for committing offences punishable under Sections 307/326/324/34 IPC on the allegations that on 15.9.1999 at about 7.30 p.m. they, while being armed with Kirpan, Gandasi and Datar, respectively, caused injuries to Lajwant Singh and his father-Harbhajan Singh. Vide judgment and order dated 25.4.2003, learned Additional Sessions Judge (Adhoc), Amritsar, convicted appellant-Sarabjit Singh @ Pappu under Section 307 IPC and appellants Piara Singh and Bikramjit Singh @ Lali under Sections 307/34 IPC and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two months. Appellant-Piara Singh was further convicted under Section 326 IPC while appellants Sarabjit Singh @ Pappu and Bikramjit Singh @ Lali under Sections 326/34 IPC and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) Appellant-Bikramjit Singh @ Lali was also convicted under Section 324 IPC while appellants Piara Singh and Sarabjit Singh @ Pappu were convicted under Sections 324/34 IPC and sentenced to undergo rigorous imprisonment for one year each. All the sentences were ordered to run concurrently.

(3.) Aggrieved of their conviction and sentence, the appellants filed the present appeal, which was admitted on 6.5.2003. On 28.7.2003, this Court suspended the sentence of imprisonment of appellant-Bikramjit Singh @ Lali. The sentences of imprisonment of appellants Piara Singh and Sarabjit Singh @ Pappu were subsequently suspended on 6.8.2004 and 13.12.2004, respectively. It may be worthwhile to mention here that despite being granted the concession of suspension of sentence, both Piara Singh and Sarabjit Singh @ Pappu did not furnish requisite bonds and continued to remain behind the bars. Finally, on 15.1.2005 they were released after completion of their sentences and after being given the benefit of Government remissions and jail remissions. At the same time, after furnishing the requisite bonds pursuant to order dated 28.7.2003, appellant Bikramjit Singh @ Lali was released on 6.8.2003 and as per the custody certificate produced by the State counsel, said Bikramjit Singh @ Lali had undergone an actual period of ten months and six days out of the sentence of five years imposed upon him.