AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMAR Singh and Rachan Singh were brought to trial for causing grievous and simple injuries to Sarwan Singh and Smt. Chameli, before the Judicial Magistrate Ist Class, Rajpura, and having been held guilty under Sections 126, 326/34, 324, 324/34, 323 and 323/34, Indian Penal Code, they were sentenced to various terms of imprisonment and fine with the direction that the substantive sentences so awarded to them shall run concurrently. On appeal, the learned Additional Sessions Judge, Patiala, upheld their convictions and sentences. Feeling aggrieved Amar Singh and Rachan Singh have challenged their convictions and sentences by filing two separate Crl. Revisions Nos. 368 of 1983 and 410 of 1983 respectively. This judgment will govern both the revisions.

(2.) IT is unnecessary to advert to the facts at all because the learned counsel for the petitioners has frankly conceded his inability to challenge their convictions. The main emphasis of the learned counsel for the petitioners is to seek some concession on the point of sentence. It is urged that the injured Sarwan Singh and his wife Chameli have compromised with the petitioners. The petitioners have filed applications supported by the affidavits of the injured persons praying therein, that the parties having compromised their dispute, they be allowed to compound the offences. As the parties, who are closely related, have settled their dispute, in my opinion, it is not necessary to send the petitioners to jail. The major offence for which the petitioners have been convicted is no doubt non -compoundable but the fact of compromise can be taken into consideration in determining the quantum of sentence. It would, in my view, meet the ends of justice if the sentences of imprisonment awarded to the petitioners are reduced to the period already undergone by them under all the counts provided each of the, petitioner pays a fine of Rs. 500/ - under Sections 326 and 326/34, Indian, Penal Code, in addition to the fine imposed by the trial Court. In default of payment of fine, each of the petitioners shall undergo rigorous imprisonment for 6th months. It is ordered accordingly. In case the fine is realised, whole of it shall be paid to Sarwan Singh and Smt. Chameli, PWs. in equal shares as compensation.

(3.) BOTH the Criminal Revisions Nos. 368 and 410 of 1983 are accepted to, the extent as indicated above. Crl. Misc. Applications Nos. 1700 and 1701 of 1983 are disposed of accordingly. Order accordingly.