S.S.GREWAL,J - (1.) RAM Murti, Lakhi Ram, Amar Singh, Ram Kumar Land Puran, petitioners were tried, convicted and sentenced for the offences under Sections 148/323/149 and 325/149 of the Indian Penal Code. Under Section 325 read with Section 149 of the Code, each of them was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for three months; under section 323 read with Section 149 of the Code, each of them was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200/- In default of payment of fine to undergo further rigorous imprisonment for 22 days and each of the petitioner was further sentenced under Section 148 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200/. each and in default of payment thereof to undergo further rigorous imprisonment for 22 days, vide order of Sub Divisional Judicial Magistrate, Fatehabad dated 3/4-1-1992. On appeal, Addl. Sessions Judge, Hissar vide his order dated Ist September, 1993 while maintaining the conviction of petitioners reduced the sentence of imprisonment under Section 425 read with Section 149 of the Code from one year's RI to six months RI whereas the sentence under Section 323 read with section 149 of the Code and under Section 148 of the Code was reduced from three months RI to one months RI. The rest of the sentences imposed upon the petitioners by the learned trial court were upheld by the appellate court. Aggrieved against the orders of conviction and sentences passed by the courts below, the petitioners have filed the present revision petition, which was admitted only qua quantum of sentence to be awarded to the petitioners and also to consider the question whether benefit of Probation of Offenders Act can be granted to the petitioners or not.
(2.) IN brief facts of the prosecution case are that Mukh Ram injured had three sons namely Rai Singh, Shanker and Jai Kishan. Shenker died about 15 years back. Puran Chand, his and Saraswati was his daughter. Six kill as of land was given to Puran Chand and the rest of the land to Rai Singh and Jai Kishan. Puran Chand demanded one more Killa of land. Panchayat too was convened but the matter could not be settled and on that account Puran Chand and his maternal uncle Ram Murti were feeling aggrieved. Puran Chand wanted to take possession of another Killa adjoining his holdings of six killias. On account of this grudge, the occurrence took place on 8-3-1986 at about 2 p.m. when they were cutting the sarson crop. Lakhi Ram and Amar Singh armed with lathis and Ram Murti armed with Kulhari came there and raised lalkara that they would teach a lesson to Mukh Ram. Lakhi Ram, Amar Singh and Ram Murti opened the attack and gave Kulhari and lathi blows to Mukh Ram and his son Rai Singh. Meanwhile Jai Kishan came running and he too received lathi blows at the hands of Puran Chand and Ram Kumar. The injured cried for help and all the five petitioners ran away from the spot alongwith their respective weapons The injured were not medically examined. After the completion of investigation, all the five petitioners were challaned, tried and convicted as indicated above. Learned counsel for the parties were heard. On behalf of the petitioners it was contended that the petitioners have underwent agony during the trial as well as during the proceedings before the appellate court and they have undergone more than three weeks of sentence and that the sentence may be reduced to that already undergone. He further submitted that the petitioners have already paid the fine imposed by the trial court. Taking into account all these facts as well as the fact that the petitioners had already undergone agony of proceedings in the trial court for more than 7-1/2 years, substantive sentence of imprisonment under each head is reduced to that already undergone. The petitioners shall be released forthwith if they have already paid the fine. Out of the fine realised, if any, Rs. 2000/- shall be awarded each to the three injured namely Mukh Ram. Rai Singh and Jai Kishan. This petition is accordingly allowed to the extent indicated above.;