KANWALJIT SINGH AHLUWALIA,J. - (1.) MR . B.R. Gupta appearing for the petitioners at the outset stated that he will not be able to contest the conviction of the petitioners as substantial relief has been granted by the lower appellate Court, who by upholding the conviction, granted reduction of sentence in favour of the petitioners.
(2.) IT has been stated before me that the petitioners who were tried in case FIR No. 122 dated 02.11.1990 registered at Police Station Division No. 2, Ludhiana under Section 326/34 IPC were convicted and sentenced by the Court of Judicial Magistrate (1st Class), Ludhiana to 2 years rigorous imprisonment and a fine of Rs. 3000/-, and in default it was ordered that they will undergo imprisonment for six months. Aggrieved against the same, they had filed their appeal. The learned appellate Court held that the motive imputed was weak and it was stated that the accused were peace loving persons. It will be apposite here to reproduce para 15, 16 and 17 of the lower appellate Court judgment: 15. It has been next submitted that the motive imputed is very weak, suffice it to say motive is something which has only to be un-earthed. It could possibly be known only to the accused why they caused injury to Poona Ram. As far as Poona Ram and Makhan Ram are concerned they could depose to the motive whatever they through that it could be. 16. Gobind Singh and Manmohan Singh have stated that the accused are peace loving persons. They have been putting up in their mohalla for the last 5-6 years. During this period they have been highly law abiding. Suffice it to say their evidence is of negative character. There evidence must have been given weight, if they had been present at the spot and stated about the genesis of the occurrence. 17. Sentence imposed upon them is however little harsher and sentence imposed upon them is slashed. Channa accused is sentenced to undergo R.I. for one year and also to pay fine of Rs. 1000/- and in default thereof to undergo further R.I. for two months, under Section 326 IPC. Lala accused is sentenced to undergo R.I. for six months and also to pay fine of Rs. 1000/- and in default of payment of fine to undergo further R.I. for two months. Entire amount of fine, if recovered shall go to Punna Ram injured.
(3.) THE facts which emerge from the reading of the judgments of the two Courts below are that on 20th October, 1990, statement of Puna Ram was recorded by ASI Nachatar Singh, in which it was stated that on 18th October, 1990 at about 11.30 a.m. complainant along with his brother Mukhan Lal and Raju were going to their house. When they reached near the house of Guddi then petitioner Channa armed with kirpan and Lala, who was empty handed, came from the opposite side. Lala is said to have caught hold the complainant and Channa gave one blow with kirpan which hit on his left eye brow. It is further stated that Channa wanted to cause another blow but complainant injured was saved by Raju. At that moment, the accused are said to have decamped from the spot along with their weapons.;