T.P.S.MANN, J. - (1.) THE petitioners, alongwith Manjit Singh @ Kaka and Varinderjit Singh were tried for the offences under Sections 323/324/325/326/148/149 IPC. Vide judgment and order dated 22.1.2011, Sub Divisional Judicial Magistrate, Dasuya convicted and sentenced the petitioners, Manjit Singh and varinderjit Singh as below: - i) Varinderjit Singh convicted under Section 326 IPC and Karnail Singh, Manjit Singh @ Kaka, Jaswinder Pal and Dalbir Kaur under Sections 326/149 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for one month; ii) Varinderjit Singh, Karnail Singh, Manjit Singh, Jaswinder Pal and Dalbir Kaur convicted under Section 325/149 IPC and sentenced to undergo rigorous imprisonment for one year each; iii) Varinderjit Singh, Karnail Singh, Manjit Singh and Dalbir Kaur convicted under Section 324 IPC and Jaswinder Pal under Sections 324/149 IPC and sentenced to undergo rigorous imprisonment for six months each; iv) Jaswinder Pal convicted under Section 323 IPC and Varinderjit Singh, Karnail Singh, Manjit Singh and Dalbir Kaur under Sections 323/149 IPC and sentenced to undergo rigorous imprisonment for three months each; and v) Varinderjit Singh, Karnail Singh, Manjit Singh, Jaswinder Pal and Dalbir Kaur convicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for six months each.
(2.) ALL the substantive sentences of imprisonment were ordered to run concurrently. The amount of fine imposed upon them was deposited by all the five convicts. Aggrieved of their conviction and sentences, the petitioners alongwith Varinderjit Singh and Manjit Singh filed an appeal. During its pendency, convict -Manjit Singh died on 9.4.2012 and, accordingly, proceedings against him were abated. Further, vide order dated 5.2.2013, Additional Sessions Judge, Hoshiarpur declared convict -Varinderjit Singh as a juvenile and separate challan was ordered to be filed qua him before the Principal Magistrate, Juvenile Justice Board, Hoshiarpur. The appeal was, thereafter, heard on behalf of the petitioners. Vide judgment dated 7.2.2013, the lower appellate Court upheld the conviction and sentences of the petitioners and dismissed their appeal. Still not satisfied, the petitioners filed the present revision under Section 401 Cr.P.C. which came up for preliminary hearing on 20.3.2013. At the oral request made by the counsel for the petitioners, complainant -Dilbagh Singh and injured -Hazara Singh and Ranjit Singh were impleaded as respondents No. 2 to
(3.) AFTER hearing counsel for the petitioners, the Court issued notice qua quantum of sentence. On 25.4.2013 the State put in appearance through its Additional Advocate General. Similarly, respondents No. 2 and 4 also appeared in person and stated that respondent No.3 had since died. On the adjourned date, respondents No.2 and 4 were duly represented by their counsel.;