A.S.NEHRU, J. - (1.) SHER Singh was convicted under Section 323 I.P.C. and was released on probation under Section 4(1) of the Probation of Offender's Act, on furnishing a probation bond in the sum of Rs. 3.000/ - or a period of one year, whereas Tirath Singh was convicted under Section 325 read with Section 34 I.P.C. and was sentenced to undergo R.I. for a period of one year and 10 pay a fine of Rs. 500/ - and in default of payment of fine, he was directed to undergo Rs for three months by Judicial Magistracy 1st Class, Ludhiana, on 16th January 1988. It was further ordered by the trial Magistrate that out of the fine, unrealized, a sum Rs. 400/ - be paid to P.W. Jagir Singh by way of compensation. The paralleled by the petitioners was partly allowed. Conviction of the petitioners was maintained by Additional Sessions Judge, Ludhiana, on May 29,1988, but Tirath Singh petitioner was granted the benefit of Section 4(1) of the Probation of or orders Act and was released on probation on his furnishing a bail bond in the sum of Rs. 5,000/ - with one surety in the like amount with an undertaking that he shall not comm. it an offence for a period of one year and was to appear in the Court of Additional Sessions Judge as nod when called upon to do so to receive the sentence. Tirath Singh was also directed to pay cost of litigation to the tune of Rs. 3000/ - out of which a sum of Rs. 2,500/ - was ordered to be paid to the injured, Jagir Singh and the remaining sum of Rs. 500/ - was ordered to be paid to the State ns litigation expenses. Hence this revision petition.
(2.) BRIEFLY , the facts of the case are as below: Jagir Singh is a resident of village Somel Kheri About 13 -14 years buck, Hari Singh of his village was murdered and in that case Amurjit Singh was sentenced to life imprisonment. When Amarjit Singh returned in the values, after serving his sentence, P.W. Jagir Singh was in good terms with him. Sidhu Singh and his sons Tirath Singh and Sher Singh accused did not like it. On 22.8.1984 at about 2.30 P.M., Jagir Singh was coming to his village from villages Aloud on a bicycle and when he reached in front of the house of Chand Singh and Anand Singh, Sadhl1 Singh and his sons Timth Singh and Sher Singh carne there. Sidhu Singh gave a lalkara that Jagir Singh be not spruced upon which Timth Singh gave gandasi blow on the left leg of Jagir Singh, as a result of which Jagir Singh down. Tirath Singh gave another gandasi blow, which struck on the left elbow of Jagir Singh. Sher Singh gave two lathi blows on the right leg and right elbow of Jagir Singh. Jagir Singh raised alarm but nobody came there. In the meantime, his son -in -taw Sampuran Singh and two daughters Gurjit Kaur and Amarjit Knur came at the spot and then they raised alarm. The accused then ran away along with their respective weapons. Sampuran Singh arranged a car in which Jagir Singh was taken to Civil Hospital, Ludhiana. ASI Darshnn Singh recorded the statemate. P.C. of the basis of which a case under Sections 326, 324, 323 read with Section 34, I.P.C. was registered against Sidhu Singh and his two sons Tirath Singh and Sher Singh in Police Station Dohlon vide F.I.R. No. 191 dated 23.8.1984. In order to prove the charge against the accused, the prosecution examined P.W. 1 Dr. Kumaljit Singh, P.W. 2 H.C. Gurmail Singh, P.W. 3 Jagir Singh, P.W. 4 Sampuran Singh, and P.W. 5 AS! Darshnn Singh and P.W. 6 Dr. Hurcharan Singh.
(3.) THE accused were examined under Section 313 Cr. P.C. and nil the incriminating circumstances were put to them to which they denied. The accused took the stand that Jagir Singh was not sending his daughter of her in -laws; that Sidhu Singh find Sarpanch of the village asked him to send his daughter to the house of her in laws and that on this account they have been falsely implicated. When called upon to enter into defense the accused examined D.W. 1 Paima Singh, D.W. 2 Roop Chand and D.W. 3 Insular Singh, MHC, Police Station Dohlon. Jagir Singh injured P.W. had sculled on oath them Tirgth Singh and Sher Singh excused injuries to him with Candace and lathi respectively. The Statement of Jagir is fully corroborated by the medical evidence. Therefore, the case of the prosecution is proved beyond doubt against the petitioners. There is no merit in the revision petition and the same is dismissed. Revision dismissed.;