NARESH KUMAR SANGHI, J. - (1.) PRAYER in this application is for suspension of sentence of the applicant-appellant Nos. 1 to 8, namely, Jaspal, son of Prem Singh; Gurcharan, son of Prem Singh; Bakshish, son of Mehar Singh; Prem Singh, son of Yara Singh; Jagat Singh, son of Puran Singh; Jawahar, son of Har Lal; Pappan @ Mahesh, son of Bhagwat; and Kala Singh @ Kali, who were held guilty for the offences punishable under Sections 148, 307, 323 and 447 read with Section 149, IPC, and ordered to undergo the following sentences:- Under Section Sentence (R.I.) Fine (in ') In Default (R.I.) 148, IPC 2 years 2,000.00 3 months 307, IPC 7 years 5,000.00 1 year 323, IPC 1 year 1,000.00 1 month 447, IPC 3 months 500 15 days All the substantive sentences were ordered to run concurrently.
(2.) LEARNED counsel for the applicants submits that he does not press this application for suspension of sentence on behalf of the applicant-appellant No. 8, Kala Singh @ Kali, son of Goma Singh. Dismissed as withdrawn at this stage, qua Kala Singh @ Kali, son of Goma Singh (applicant-appellant No. 8).
(3.) LEARNED counsel further contends that except Kala Singh @ Kali, all the remaining applicant-appellant Nos. 1 to 7, have been convicted and sentenced with the aid of Section 149, IPC. He further contends that as many as two persons from the applicants' side had also received injuries at the hands of the complainant party, but no explanation has been put forth in that regard. He further submits that the applicability of Section 149, IPC, would be a moot point at the time of final arguments in the appeal.;