SURINDER SINGH, J. - (1.) THIS revision petition has been filed by Gurdev Singh and Bhajan singh against their conviction and sentences by Judicial Magistrate 1 Class, Nakodar as follows : - Name of Petitioner Convicted under Section Sentenced Gurdev Singh Bhajan Bhajan Singh (i) 325/34 I.P.C. R.I. for 9 months fine of Rs. 100/ - in default further (ii), 324/34 I.P.C. R.I. for 3 months R.I. for 6 months. The substantive sentences were, however, ordered to run concurrently. the other two co -accused of the petitioners, namely Pritam Singh and Mohinder Singh were also convicted by the trial Court. All the four convicts them an appeal which was heard by the Additional Sessions Judge, Jullundur, who acquitted Pritam Singh and Mohinder Singh, co -accused by affording them the benefit Of doubt, but dismissed the appeal on behalf of the two petitioners.
(2.) THE prosecution version, briefly, stated is that on 6 3.1977, Gurdev Singh, petitioner asked for a wheat loan from Charanjit Singh, PW1, the injured person, which the latter refused. With this grievance, Gurdev Singh petitioner is said to have harbored a grudge against Charanjit Singh At about 9.00 P.M. on 8.3.1977, when Charanjit Singh was coming along with his cattle towards his house, the two petitioners along with the two co -accused way -laid him. However, on hearing the Lulkara raised by them Charanjit Singh ran away from the place. On the next morning at about 5 A.M., Charanjit Singh, PW along with his brother Naginder Singh PW2, and his mother Pritam Kaur PW3 was present near the Barthak of one Jarnail Singh. Petitioners and their co -accused were variously armed. Pritam Singh co -accused gave a barchha blow bitting Charanjit Singh on his left foot. Gurdev Sing) petitioner gave a kirpan blow hitting him on left hand and Mohinder Singh gave him a sua blow on the right side of the chest. Charanjit Singh fell down. Bhajan Singh and the other co -accused gave further injuries to Charanjit Singh, while he was lying down. When the other PWs raised alarm the petitioners and their co -accused ran away from the spot. After due investigation, the. petitioners were prosecuted convicted and sentenced as stated above.
(3.) MR . H. S. Sangha, learned counsel for the petitioners has frankly admitted that he would not challenge the conviction of the petitioners for the offence for which they have been convicted by the Courts below and rightly so, as their conviction is based on the unimpeachable testimony of the injured person. Charanjit Singh PW1, his brother Naginder Singh PW2 and his mother Pritam Kaur PW3 are all natural witnesses of the occurrence. These witnesses have been cross examined and no material discrepancy of contradiction has been found in their averments. Charanjit Singh is the stamped witness of the prosecution as he received as many as 21 injuries in all, though, many of the injuries are minor Three of the injuries i. e. injury No. 6. 8 and 16 mere found to The grievous. These injuries am on the left hand, left middle finger and the left leg. In these circumstances, the convictions of the petitioners for the offences under section 325/324/34 Indian Penal Code, as recorded by the Courts below are affirmed. The learned counsel for the petitioners has however, submitted that the petitioners have undergone a confinement of about 19 days after the decision by the lower appellate court and have undergone some more confinement during the period of investigation His contention is that it would rot he in the interest of justice to send them back to jail to undergo a short sentence of in prisment. I am inclined to agree with the learned counsel in this behalf. The petitioners are first offenders and the occurrence also took place on a minor issue, there being no previous enmity between the parties. The ends of justice would be met by reducing the sentence of imprisonment to Vie period of confinement already undergone by them ordered accordingly. However, the sentence of fine imposed upon and it is ordered the petitioners is enhanced to Rs. 1000/ - each. In default of payment of this fine. each of the two petitioners shall further undergo rigorous imprisonment for 3 months. The total fine of Rs. 2000/ - if recovered from the petitioners shall he paid to Charanjit Singh, injured PW. The fine shall he deposited by the petitioners within one month from today failing which, they shall be taken into custody to undergo the sentence imposed.;