M.M.S.BEDI,J - (1.) PETITIONERS Chiranji Lal, Atma Ram, Bikkar Singh and Brij Lal have filed this revision petition against the judgment of the learned Chief Judicial Magistrate, Muktsar dated 22.12.2005 whereby they have been convicted and sentenced to undergo rigorous imprisonment for six months under Section 323/34 IPC and also for six months under Section 324/34 IPC and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for one month and of the learned Additional Sessions Judge (Ad hoc), Fast Track Court, Muktsar whereby their sentence has been affirmed. The sentences were ordered to run concurrently.
(2.) PETITIONER No. 1 Chiranji Lal in furtherance of his common intention with co-accused Bikar Singh, Brij Lal and Atma Ram had voluntarily hurt Om Parkash complainant and Roop Ram by giving kahi blows. It is established from the statement of Om Parkash (PW-1) that the land of Atma Ram is adjacent to his land measuring 4 acres. On the day of the occurrence, the petitioners along with 20-25 persons were constructing a pucca khal but when objected to by complainant, Atma Ram gave a lalkara exhorting his companions to catch hold of the complainant. Brij Lal gave a kahi blow to Om Parkash (PW-1) by the reverse side on his shoulder. Bikar Singh attacked with the kahi but it did not hit him, whereas Chiranji Lal gave a kahi blow on the right side of his neck. When his father tried to rescue him, accused Maru Ram gave a dang blow on his left leg and buttock and they all escaped from the spot. The complainant was examined vide MLR Ex. PB. The version of Om Parkash (PW-1) stands corroborated by Roop Ram (PW-2). Dr. Malkiat singh Kingra (PW-3) proved the MLR Ex. PB and the pictorial diagram Ex. PB/1 showing the seats of the injuries. Two injuries i.e. an incised wound on the right side of the neck above the middle of right clevical and reddish contusion on the posterior aspect of the right shoulder were found on the person of Om Parkash whereas a defused swelling on left thigh was found on the person of Roop Ram as per MLR Ex. PE. ASI Teja Singh (PW-4) and Sub-Inspector Ranjit Singh (PW-5) proved the various steps of the investigation. A perusal of the judgments of the Courts below shows that there is no scope for interference in the order of conviction passed by the Courts below but keeping in view the individual parts attributed to the petitioners, the sentence can be modified. Learned counsel for the petitioners having not been able to point out any illegality or impropriety in the order of conviction, merely requests for leniency in the quantum of sentence by urging that Chiranji Lal, petitioner No. 1 and Brij Lal, petitioner No. 4 have been attributed the specific injuries with their respective weapons and Atma Ram, petitioner No. 2 and Bikkar Singh petitioner No. 3, who were although present at the spot but did not inflict any injury. Accordingly, the conviction is upheld and the sentence is modified keeping in view the reformatory approach required to be adopted for achieving the ends of criminal justice system and to bring about harmony in the society. It is, thus, ordered that petitioners Chiranji Lal and Brij Lal will undergo rigorous imprisonment for three months and one month under Sections 324/34 and 323/34 IPC, respectively and pay a fine of Rs. 500/- under the latter section and in default of payment of fine they will further undergo rigorous imprisonment for one month but keeping in view the individual conduct of Atma Ram and Bikar Singh, they are ordered to be released on probation under the Probation of Offenders Act, 1958 on their furnishing requisite bonds to the satisfaction of CJM concerned with the condition that they will maintain peace and be of a good behaviour for a period of one year and shall receive the sentence as and when called upon by the Court. Petition allowed.;