OM PARKASH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, namely, Om Parkash @ Omi, Balbir Singh, Gurmail Singh, Surinder Pal and Raja along with eight others, namely, Gurdial Singh, Prem Singh, Ruldu, Gian Singh, Sita, Gurnam Singh, Raju and Jit Singh were tried for committing offences punishable under Sections 307/325/324/323/34 Penal Code for causing injuries to complainant Gurwinder Singh as well as Janta Singh, Niranjan Singh and Jaswant Singh. Out of them, accused Jit Singh died during the trial of the case. Vide judgment and order dated 21.7.2003, learned Additional Sessions Judge (Adhoc) Fast Track Court, Patiala, convicted the five appellants whereas remaining seven accused were acquitted of the charges against them. The five appellants were convicted under Sec. 148 Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200.00 each and in default of payment of fine, to further undergo rigorous imprisonment for one month. Appellant Om Parkash @ Omi was further convicted under Sec. 326 Penal Code whereas remaining appellants were convicted under Sections 326/149 Penal Code and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for six months. Appellant Balbir Singh was further convicted under Section 325 Penal Code whereas the remaining appellants were convicted under Sections 325/149 Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200.00 each and in default of payment of fine to further undergo rigorous imprisonment for one month. Appellant Om Parkash @ Omi was also convicted under Sec. 324 Penal Code and the remaining appellants were convicted under Sections 324/149 Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200.00 each and in default of payment of fine, to further undergo rigorous imprisonment for one month. All the appellants were further convicted under Sections 323/149 Penal Code and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100.00 each and in default of payment of fine, to further undergo rigorous imprisonment for fifteen days. All the sentences of imprisonment imposed upon the appellants were ordered to run concurrently.

(2.) Learned counsel for the appellants have not challenged the impugned judgment of conviction passed by the learned trial Court. However, they have submitted that the parties are closely related to each other. The appellants have been facing the agony of criminal prosecution for the last more than fifteen years. On the side of the appellants, Om Parkash @ Omi, Gurdial Singh, Balbir Singh and Prem Singh had also received the injuries. All the appellants are sole bread winners of their respective families. The appellants are on bail pursuant to the orders passed by this Court in the month of March, 2004. There is no material on the record to show that ever since then, they have misused the concession. It is further submitted that each of the appellants has already undergone an actual period of more than seven months besides earning remission of one year. Prayer has, accordingly, been made for setting aside the remaining sentences of imprisonment of the appellants.

(3.) Learned State counsel as well as learned counsel for the complainant have vehemently opposed the prayer made by the appellants by submitting that the appellants had caused serious injuries including grievous injuries to the complainant party. Learned State counsel has, however, produced the custody certificates which indicate that each of the appellants had undergone an actual period of more than seven months besides earning remission of one year and twenty days.