BANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN case FIR No. 153 dated 22.10.1984 under Sections 325/323/34 of the Indian Penal Code registered at Police Station, Samrala, District Ludhiana. Judicial Magistrate Ist Class, Samrala convicted Bant Singh, Nahar Singh, Sohan Singh and Nirmal Singh under Sections 325, 325/34 of the Indian Penal Code and sentenced them as follows :- Under Section 325 IPC Rigorous imprisonment for 3 years and fine of Rs. 1000/- each or in default of payment of fine to under go further rigorous imprisonment for a period of six months. Under Section 325/34 IPC Rigorous imprisonment for 3 years and fine of Rs. 1000/- each or in default of payment of fine to undergo further rigorous imprisonment for a period of six months. Sentences of imprisonment were ordered to run consecutively. Not satisfied with the judgment and the order of the learned Magistrate dated 11/12.11.1986, Bant Singh and others went in appeal to the Court of Session. Learned Additional Sessions Judge, Ludhiana vide order dated 2.11.1987 maintained their conviction as well as sentence but with the modification that the sentences awarded to them shall run concurrently and not consecutively. Out of the fine, as and when recovered, Rs. 5,000/- shall be paid to the injured Ram Partap by way of compensation.

(2.) HAVING felt that they have been unjustly convicted and sentenced by the learned Additional Sessions Judge, Ludhiana while maintaining their conviction and sentence recorded by the learned Magistrate, they have come up in revision to this Court.

(3.) BANT Singh was charged under Section 325 of the Indian Penal Code, while the remaining accused were charged under Section 325/34 of the Indian Penal Code. Nahar Singh accused was charged under Section 325 of the Indian Penal Code, while the remaining accused were charged under Section 325/34 of the Indian Penal Code. Sohan Singh accused was charged under Section 325 of the Indian Penal Code, while the remaining accused were charged under Section 325/34 of the Indian Penal Code. Nirmal Singh accused was charged under Section 325 of the Indian Penal Code while the remaining accused were charged under Section 325/34 of the Indian Penal Code. They pleaded not guilty to the charge and claimed trial.