Crl. Rev. No. 1545 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1545 of 2010 (O&M) Date of Decision: September 7, 2010 Bakshish Singh and others …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.G.S. Sandhu, Advocate for the petitioners. Mr.Abhishekh Chautala, AAG, Punjab. -.- M.M.S. BEDI, J. Petitioners have been convicted by the Court of Judicial Magistrate Ist Class, Patiala and Additional Sessions Judge, (Fast Track Court), Patiala vide orders dated September 14, 2005 and May 14, 2010 under Sections 324, 341 read with Section 34 IPC in a case registered at the instance of complainant Amrik Singh on June 29, 2002 to the effect that on said date he alongwith Harmesh Kumar was coming back after taking bath Crl. Rev. No. 1545 of 2010 (O&M) [2] at tubewell on Splendor motor cycle when they were way-laid by petitioners Bakshish Singh, Nirmal Singh, sons of Prithi Singh and Balwinder Singh. Bakshish Singh gave a soti blow on the motor cycle which was damaged. Then the complainant and Harmesh Kumar fell on the motorcycle. While the complainant was lying on the ground, Nirmal Singh gave a blow with Kahi hitting on the side of thumb of his right foot and the injury started bleeding. While the complainant was still lying on the ground, he was given kick blows. Meanwhile, Hakam Singh and Davinder Singh reached the spot, therefore, the petitioners fled away from the spot. The medico legal examination of Amrik Singh was conducted. After considering the evidence and conduct of the petitioners, following sentence was imposed by the Courts below:- Sr. No. Name of the Accused U/s 324 U/s 341 1. Nirmal Singh 9 months RI and fine of Rs.500. In default of payment of fine, he shall further undergo RI for 15 days. Fine of Rs.500/-. In default of payment of fine he shall further undergo RI for 7 days. 2. Bakshish Singh 6 months RI and fine of Rs.500. In default of payment of fine he shall further undergo RI for 15 days. Fine of Rs.500/-. Default of payment of fine he shall further undergo RI for 7 days. Crl. Rev. No. 1545 of 2010 (O&M) [3] 3. Balwinder Singh 6 months RI and fine of Rs.500. In default of payment of fine he shall further undergo RI for 15 days. Fine of Rs.500/-. Default of payment of fine he shall further undergo RI for 7 days. I have heard counsel for the petitioners and counsel for the State and taken up the revision petition for final disposal. The injury on the person of Amrik Singh with sharp edged weapon is attributed to Nirmal Singh. So far as petitioners No.1 and 3, Bakshish Singh and Balwinder Singh are concerned, they have been convicted for offence under Section 324 IPC with the aid of Section 34 IPC. Petitioner No.1 Bakshish Singh and petitioner No.3-Balwinder Singh have already undergone sentence of imprisonment for a period of two months till July 14, 2010 when they were granted the concession of bail. Petitioner No.2-Nirmal Singh is still in custody. Taking into consideration the individual parts attributed to the petitioners, the sentence of imprisonment of petitioner No.2- Nirmal Singh is reduced from 9 months to 6 months for having committed the offence under Section 324 IPC maintaining the sentence of fine. So far as petitioners No.1 and 3- Bakshish Singh and Balwinder Singh are concerned, their sentence of imprisonment is reduced to the sentence of imprisonment already undergone by them, maintaining the sentence of fine. With the above modification, the revision petition is disposed of and Crl. Misc. No. 41279 of 2010 under Section 397 Cr.P.C. for Crl. Rev. No. 1545 of 2010 (O&M) [4] suspension of sentence of petitioner No.2 has become infructuous and is disposed of as such. September 7, 2010 (M.M.S.BEDI) sanjay JUDGE