J.S.SEKHON,J - (1.) THE trial Court vide its other dated August 9, 1988, convicted and sentenced the petitioners along with their co-accused Man Singh as under :
(2.) INDERJIT . Singh petitioner was convicted under section 326 Indian Penal Code, for the injuries on Jaimal Singh P.W. while his co-accused Man Singh and Ranjit Singh for an offence under section 326/34, Indian Penal Code and each one of them was awarded 2-1/2 years rigorous imprisonment and fine of Rs. 500/-, or in default of payment thereof, to further undergo two months' rigorous imprisonment on these counts. Ranjit Singh petitioner was also convicted for an offence under section 325, Indian Penal Code, while the remaining accused Inderjit Singh and Man Singh were convicted under section 325/34, Indian Penal Code and each one of them was sentenced to undergo 1-1/2 years rigorous imprisonment on this count. Each of these petitioners was also convicted for an offence under section 324. Indian Penal Code and sentenced to undergo nine months' rigorous imprisonment. Both the petitioners and their co-accused Man Singh were also convicted under section 323. Indian Penal Code and each one of them was sentenced to undergo six months' rigorous imprisonment. The substantive sentences were, however, ordered to run concurrently. On appeal, the learned Additional Sessions Judge, Ludhiana vide his order dated December 12, 1989, acquitted all the accused of the charge under section 326 or 31-6/34, Indian Penal Code, as the case may be, but sustained their conviction for offences under sections 325, 325/34, 324 and 323, Indian Penal Code. Man Singh, co-accused of the petitioners, being an old man of 60 years was ordered to be released on probation while the petitioners were sentenced to undergo 9 months' rigorous imprisonment each for offence under section 324, Indian Penal Code. The sentence of the petitioners under section 325, Indian Penal Code, was reduced to six months' rigorous imprisonment and fine of Rs. 1000/- each. The sentence under section 323, Indian Penal Code awarded to the petitioners by the trial Court was reduced to three months' rigorous imprisonment. Out of the fine, if paid, Rs. 1000/- were ordered to be paid to Jaimal, Singh injured.
(3.) THE revision petition filed by Ranjit Singh and Inderjit Singh was admitted on the point of sentence only. Ranjit Singh petitioner is above 20 years and his brother Inderjit Singh about 28 years of age. They have caused injuries along with their father Man Singh to Jaimal Singh P.W. on account of some dispute over a Pahi adjoining the fields of both the parties. Man Singh was armed with a spear while Inderjit Singh with gandasa and Ranjit Singh with Kirpan. Thus, possibility cannot be ruled out that the present petitioners had acted under the had influence of their father Man Singh co-accused. The grievous injury with the blunt weapon is located on the left upper arm of Jaimal Singh P.W., i.e. on the non-vital part. The rest of the injuries are simple in nature. Man Singh was released on probation by the first appellate Court.;