DULA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners were tried and convicted by the learned Judicial Magistrate First Class, Gidderbaha vide his order dated 12.3.1983. The petitioners were sentenced as under :-

(2.) ON 18.10.1980 the petitioners are alleged to have caused injuries to Balbir Singh, Harbans Singh, Gurjant Singh and Jaswant Singh PWs. Out of the injuries suffered by all these four PWs. injury No. 1 on the left forearm 10 cm above wrist joint of Balbir Singh PW was found to be grievous while injury No. 1 on the left chest of Harbans Singh PW was found to be grievous. These two injuries were never got X-rayed. Dr. B.N. Mittal, PW1 who examined them did not give the extent of the cut regarding bout these injuries. He simply stated that the injuries were grievous without providing any data for the same. Mr. M.P.S. Gill, learned counsel for the petitioners submitted that on the basis of this data it would not safe to sustain the conviction of the petitioners under Section 326 and 326/34 IPC. I find considerable force in this contention of the learned counsel. Consequently, I convert the conviction of Dula Singh petitioner from under sections 326 and 326/34 IPC. to under sections 324 and 324/34 IPC. Similarly the conviction of Sher Singh petitioner is converted from under Sections 326/34 IPC to under section 324/34 Indian Penal Code. Convictions of Dalel Singh and Lachhman Dass petitioners is converted from under sections 326/34 to under sections 324/34 IPC. The convictions of the petitioners on other counts are maintained. The petitioners are on bail. In view their ages, the petitioners are entitled to be dealt with under the provisions of Probation Offenders Act. Consequently, I suspended their sentences under all the counts and order that the petitioners be released on probation on their entering into bonds of Rs. 3000/- each with one surety in the like amount for a period of one year each, to the satisfaction of the trial Court, undertaking to appear in the Court to receive the sentence during the said period whenever called upon to do so and in the meantime to keem peace and be of good behaviour. However, each one of the petitioners would pay Rs. 1500/-. Out of this amount Balbir Singh and Harbans Singh PWs would get Rs. 2,000/- each while the remaining two PWs namely Gurjant Singh and Jaswant Singh would get Rs. 1000/- each. If the compensation is not paid within three months, the petitioners would be called upon to serve their sentences. Fine already paid would be adjusted towards compensation. But for this modification, the petition fails and is hereby dismissed.