- (1.) The accused-petitioners namely Het Ram, Prithvi Ram, Kashiram, Dhula Ram, Kalu Ram, Hans Raj & Bhura Ram were convicted by the court of Chief Judicial Magistrate, Sriganganagar in Criminal regular case No.165/1997 (238/1987) on 23.07.1994 under different sections of the Indian Penal Code. They filed a criminal appeal No.63/1994 (70/1994) in the court of Additional Sessions Judge No.1, Sriganganagar and that court by its judgment dated 06.11.1997 dismissed the appeal and also upheld the judgment of the trial court as such. Thus, the accused-petitioners had to suffer conviction and sentence as follows: (1)Hetram:- 148 IPC Two months SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI. (2)Prithvi Ram 147 IPC One month SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI. (3)Kashiram 148 IPC Two months SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI. (4)Dhula Ram 148 IPC Two Months SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI. (5)Kalu Ram 147 IPC One month SI. 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI. (6)Hans Raj 147 IPC One month SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI. (7)Bhura Ram 148 IPC Two months SI 323 IPC Two months SI 324/149 IPC Three months SI 326/149 IPC Six months SI with fine of Rs.200/-, in default of payment of fine, further to undergo one month SI.
(2.) It was further ordered that out of the amount received against the fine, the accused-petitioners will pay Rs.500/- each to the injured Sahab Ram and Ranjeet Singh. All the sentences were ordered to run concurrently. In this Criminal Revision Petition, the only prayer of the accused-petitioners is that they do not want to challenge conviction under various sections of the Indian Penal Code as ordered by the court below but they want benefit of undergone sentence because as per them, they have already suffered thirty five days imprisonment each.
(3.) It has been argued on behalf of the accusedpetitioners that they are first offenders and no previous conviction has been alleged against them.;