BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASHMIRA Singh and Balbir Singh petitioners have been been convicted under section 325 and section 324 read with section 34, Indian Penal Code respectively and each has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 400/-. In default of payment of fine, further rigorous imprisonment for three months has been awarded. They have also been convicted for some lesser offences under the Indian Penal Code and varying terms of imprisonment have been awarded for those offences. All the substantive sentences of imprisonment have been ordered to run concurrently. Jasbir Singh and Mohinder Singh petitioners were also convicted with the above petitioners, but the learned lower trial Court has released them on probation of good conduct.

(2.) IT may be mentioned here that along with the above four petitioners, Bhagat Singh and Gurdeep Singh were also tried. The learned trial Court acquitted the former of all the charges framed against him, but convicted Gurdeep Singh along with the petitioners. In appeal, the learned appellate Court maintained the conviction of the petitioners as well as the sentences awarded to Kashmira Singh and Balbir Singh. However, it acquitted Gurdeep Singh. The four petitioners have now approached this Court by way of this revision petition which was admitted only regarding the quantum of sentence.

(3.) THE learned counsel for the petitioners vehemently argued that the case of Kashmira Singh and Balbir Singh cannot be distinguished from that of Jasbir Singh and Mohinder Singh, who have been released on probation by the trial Court. Those two accused were released on probation by the trial Court as they were less than 21 yeas of age. Probation was refused to Balbir Singh and Kashmira Singh as they were aged 25 and 26 years respectively.