- (1.) Leave granted.
(2.) These appeals are directed against the common final judgment and order dated 03.11.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 4-SB of 1997 and Criminal Revision No. 416 of 1997, whereby the High Court partly allowed the appeal filed by the respondents herein by reducing the sentence awarded to them to the period already undergone and dismissed the revision preferred by the appellant herein.
(3.) Brief facts: (a) According to the prosecution, on 25.04.1994, Dr. P. Aggarwal, Medical Officer, C.H.C. Ladwa, sent a ruqa to the Police Station informing that Mehma Singh, Piara Singh and Hazara Singh have been admitted to the hospital after allegedly having received injuries in a fight. Mehma Singh was serious and had been referred to the L.N.J.P. Hospital, Kurukshetra. After receipt of the said ruqa, on 26.04.1994, Raj Pal Singh, S.I., In- charge Police Station, Babain, went to the hospital and recorded the statements of the injured. (b) Hazara Singh, in his statement, alleged that he was a resident of village Kassithal and was an agriculturist. That about 6/7 years back, he had purchased 6 kanals of disputed agricultural land in village Rampura from one Sat Pal, possession of which was delivered to him. He along with his family members harvested wheat crop from that land and had kept it in their adjoining field. (c) On 25.04.1994, at about 6.30 p.m., his brother Piara Singh was ploughing the above said land, with the help of a tractor, while he along with his father was collecting the harvested wheat crop in the adjoining field. At that time, they suddenly, heard the noise of "bachao bachao" from his brother Piara Singh. Thereafter, he noticed Piara Singh jumping from the tractor and raising alarm coming towards them and Kesho Ram and his brother, along with 5/6 persons, were lifting the harvested wheat crop and placing it on the tractor. Raj Kumar was pouring diesel on the tractor out of the can held by him. Then Kesho Ram lit the fire on the tractor and Lal Chand and Bhag Singh ran after his brother Piara Singh and encircled him. They started inflicting lathi blows to his brother. He along with his father went near their brother by raising alarm. When they reached near their brother, Kesho Ram inflicted gandasi blow over his head but he rescued it by lifting his right hand which resulted in an injury in the middle of the right thumb and fingers. Simultaneously, Annu and Tinna started inflicting lathi blows upon him. In the meanwhile, Lal Chand, Raj Kumar and Bhag Singh started inflicting injuries on his father and caused grievous injuries. On hearing their alarm, Lachman Singh and Bhagat Singh were attracted from the nearby fields. On seeing them, all the accused with their respective weapons, i.e., lathis and gandasis ran away. All three of them became unconscious due to the said injuries. When he regained consciousness, he found himself in the hospital, Ladwa. (d) Upon this information, an FIR under Sections 148, 149, 323, 324, 435 and 447 of the Indian Penal Code, 1860 (in short "IPC") was registered. After receipt of the opinion of the doctor that the injuries sustained were dangerous to life, an offence under Section 307 IPC was also added. (e) After obtaining medical reports and completion of investigation, all the accused were arrested and on their disclosure statements, weapons of offence were recovered and the case was committed to the Court of Sessions. After hearing the parties, all the accused totaling six were charge sheeted for the above-said offences. Out of the six accused, two were held to be minors and were directed to be tried by the Juvenile Court. The remaining four accused (respondent Nos. 1 to 4 herein) pleaded not guilty and claimed trial. (f) The Additional Sessions Judge, Kurukshetra, by order dated 21.12.1996, in Sessions Case No. 44 of 1994 convicted all the accused persons, namely, Raj Kumar, Bhag Singh, Kesho Ram and Lal Chand for the offence punishable under Section 307 IPC and sentenced Raj Kumar and Bhag Singh to undergo RI for 5 years and a fine of Rs.10,000/-, in default, to further undergo RI for 1 year, whereas Kesho Ram and Lal Chand to undergo RI for 3 years and a fine of Rs. 10,000/-, in default, to further undergo RI for 9 months. In addition to the above, all the accused persons were convicted and sentenced under different heads. (g) Aggrieved by the said order of conviction and sentence, the accused- respondents preferred Criminal Appeal No. 4-SB of 1997 whereas the appellant preferred Criminal Revision No. 416 of 1997 for enhancement of sentence before the High Court of Punjab and Haryana at Chandigarh. (h) The High Court, by impugned order dated 03.11.2008, dismissed the revision filed by the appellant and partly allowed the appeal filed by the accused by reducing the sentence to the period already undergone. (i) Being dis-satisfied with the judgment of the High Court, the appellant has preferred these appeals by way of special leave before this Court.;