BARJINDER SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) Nazir Singh, Mohinder Singh, Barjinder Singh, Pritam Singh, Hakam Singh and Jaswant Singh were sent up for trial under Sections 148, 326 read with 149, and 325 read with 149 of the Indian Penal Code. The trial was held by Shri R.R. Dhir, Judicial Magistrate 1st Class, Ferozepore, who convicted Mohinder Singh, Barjinder Singh, Pritam Singh Hakam Singh and Jaswant Singh under Sections 148, 326 read with 149 and 325 read with 149 of the Indian Penal Code and sentenced each of them to one year's rigorous imprisonment under Section 148 of the Indian Penal Code and to one and a half years' rigorous imprisonment under Section 326 read with 149 of the Indian Penal Code besides a fine of four hundred rupees each. In default of payment of fine, they were to further undergo rigorous imprisonment for four months each. He also convicted them under Section 325 read with Section 149 of the Indian Penal Code and sentenced each of them to one year's rigorous imprisonment besides a fine of two hundred rupees each. The sentences of imprisonment were to run concurrently. Out of the fine it realised, five hundred rupees was to be paid to Jit Singh and one hundred rupees to Jarnail Singh vide his order dated the 16th October, 1965. Besides the above, they were also directed under Section 106 of the Code of Criminal Procedure to execute bonds in the sum of two thousand rupees each with one surety each in the like amount.

(2.) The petitioners felt aggrived and filed an appeal in the Court of Session which came up before Shri Muni Lal Verma, Additional Sessions Judge, Ferozepore Nazir Singh had died during the pendency of the trial. The learned Additional Sessions Judge found that the case against Pritam Singh, Hakam Singh and Jaswant Singh was proved only under Section 324 of the Indian Penal Code. He, therefore, reduced their sentence to six months' rigorous imprisonment and also a fine of two hundred rupees each. In default of payment of fine, they were to further suffer four months' rigorous imprisonment. He also found the case proved against Barjinder Singh under Section 324 read with Section 34 of the Indian Penal Code and reduced his sentence to six months's rigorous imprisonment and rupees two hundred as fine. He further convicted Barjinder Singh under Section 323 of the Indian Penal Code and sentenced him to two months' rigorous imprisonment and Pritam Singh, Harkam Singh and Jaswant Singh under Section 223 read with Section 34 of the Indian Penal Code and sentenced him to two months rigorous imprisonment each. The sentences of rigorous imprisonment were to run concurrently. He acquitted all of them from the charge under Section 148 of the Indian Penal Code. The Additional Sessions Judge further ordered that an amount of five hundred rupees out of the fine, if realised, be paid to Jit Singh and an amount of one hundred rupees to Jarnail Singh. He gave the benefit of doubt to Mohinder Singh and acquitted him vide his order dated the 16th November, 1965.

(3.) The petitioners came up to this Court in revision and it is in this manner that this matter has come up before me today.