- (1.)Heard the learned counsel for the parties.
(2.)The convicts in sessions case no. 81 of 24/1/1987 on the file of the additional sessions judge, Barnala, are in appeal against the judgment of the High Court of Punjab and Haryana in criminal appeal nos. 331- sb of 1988 and 526-DBA of 1989 dated july 25, 1997.
(3.)The first appellant was convicted by the trial court under section 304 part-ll Indian Penal Code, 1860 and was sentenced to undergo R. I. for seven years and to pay a fine of Rs. 500. 00; in default thereof to undergo R. I. for further six months and under section 307 Indian Penal Code, 1860 for causing injuries to Manjeet Singh (PW 4) and was sentenced to undergo R. I. for five years and to pay a fine of Rs. 500. 00: in default thereof to undergo further R. I. for six months and under section 323 read with section 34 Indian Penal Code, 1860 for causing injuries to harbhajan Singh (PW 5) and was sentenced to undergo R. I. for six months and further conviction under section 27 of the arms Act was recorded and the sentence of six months' R. I. was imposed. The substantive sentences were directed to run concurrently. Insofar as the appellant nos. 2 and 3 are concerned, the trial court found them guilty under section 323 Indian Penal Code, 1860 for causing hurt to PW 5 and they were released on probation. Against that judgment, two appeals and one revision were filed before the High Court. Criminal appeal no. 526- dba of 1989 filed by the state against the acquittal of the appellants under section 302 Indian Penal Code, 1860. The present appellant filed criminal appeal no. 331-SB of 1988 challenging their conviction and sentence imposed by the trial court, referred to above. PW 5 filed criminal revision against all the accused persons challenging the conviction for lesser offences and sentence imposed on them by the trial court. By the judgment under challenge, the conviction of the first appellant was altered to the offence punishable under section 302 Indian Penal Code, 1860 and of the second and the third appellants was altered to under sections 302 and 307 read with section 34 Indian Penal Code, 1860. All the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000. 00 each and in default thereof, further undergo rigorous imprisonment (R. I. ) for two years each; no separate sentence was imposed under section 307 read with section 34 Indian Penal Code, 1860.