HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) According to the prosecution allegations on 18.6.1989 at about 10.30 a.m. all the appellants constituted an unlawful assembly in the areas of Village Dhamian Kalan. At that time all the appellants were armed with the kirpans and baholas and they inflicted injuries to Paramjit Singh and Gurvinder Singh. A trial for commission of offence under sections 148, 308, 324 read with section 149, I.P.C. was held against all the appellants before the Addl. Sessions Judge, Hoshiarpur, who vide judgment dated June 2, 1990 acquitted the appellants of the charge under section 308, I.P.C. However, the Trial Court held all the appellants guilty under section 148, I.P.C. and sentenced them to undergo rigorous imprisonment for one year. Besides, the appellants were held guilty under sections 325, 324 read with section 149, I.P.C. and were sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 500/-each on first count and for committing an offence under section 324 read with section 149, I.P.C, they were sentenced to undergo rigorous imprisonment for one year. It was further ordered that in case of default of payment of fine, the defaulting convict shall further undergo rigorous imprisonment for three months. All the sentences were ordered to run concurrently. Out of the realised fine, the Trial Court, directed to pay Rs. 1,200.00 and Rs. 300.00 as compensation to Paramjit Singh and Gurvinder Singh respectively.

(2.) Dissatisfied with the same, the appellants have preferred the instant appeal.

(3.) I have heard learned Counsel for the parties and have gone through the paper book carefully. During the course of arguments, learned Counsel for the appellants has accepted the findings of guilt returned by the Trial Court, against all the appellants. However, the bone of contention is with regard to the punishment awarded to the appellants. It is contended by learned Counsel for the appellants that keeping in view the nature of offence and the fact that the appellants have undergone the agony for almost 18 years and further to promote harmony amongst the complainant side and the appellants, the benefit of being released on probation be extended to the appellants.