SUBASH CHANDER AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment dated 07.08.2015 passed by learned Sessions Judge, Pathankot, whereby the appeal filed by the petitioners challenging their conviction and sentence for the offences punishable under Sections 148, 323 read with Sec. 149 and 452 read with Sec. 149, Penal Code recorded by learned Additional Chief Judicial Magistrate, Pathankot, was dismissed.

(2.) When the present revision petition came-up for preliminary hearing before this Court on 18.09.2015, then notice of motion was issued with regard to the quantum of sentence only.

(3.) The learned counsel for the petitioners contends that on a manure-pit, the quarrel had originated between the petitioners and the injured, who are neighbours; three persons from the petitioners' side had also received injuries in the same incident; the petitioners are neither required nor involved in any other case; they are labourers and doing the job of fixing of the stones on the floor; each petitioner is independently breadwinner of his family; each petitioner has suffered more than six months of substantive sentence; during incarceration the petitioners have earned the jail remissions which would show that they are improving themselves in jail and that further incarceration of the petitioners would not be justified in view of the allegations levelled against them.