Crl.Appeal No.759-DBA of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Date of decision: 20.8.2010 (I) Crl.Appeal No.759-DBA of 2002 State of Punjab ... Appellant versus Manjit Singh and others ... Respondents (II) Crl.Revision No.1808 of 2002 Manjit Singh ... Petitioner versus Manjit Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.Rajesh Bhardwaj, Addl.AG, Punjab, for the appellant in Crl.Appeal No.759-DBA of 2002. Mr.S.P.S.Sidhu, Advocate, for respondents Atma Singh, Satnam Singh and Major Singh. Mr.J.S.Bhandohal, Advocate, for the petitioner in Crl.Rev.No.1808 of 2002 ... JORA SINGH, J. Heard on the question of sentence. Mr. S.P.S.Sidhu, learned counsel for respondents-accused Atma Singh, Satnam Singh and Major Singh, argued that one of the convicts namely Manjit Singh had died on 28.10.2005 and produced death certificate. Same is ordered to be taken on record. Argued that accused Atma Singh, Satnam Singh and Major Singh were on bail during trial. Occurrence is dated 4.8.1998. At that Crl.Appeal No.759-DBA of 2002 2 time, Atma Singh was 40 years' old, Satnam Singh was 27 years' old, whereas Major Singh was 35 years' old. They are the first offenders and after occurrence, they have not committed any such act. Major Singh has already undergone 3 years 8 months and 10 days, Atma Singh has already undergone 3 years 8 months and 16 days and Satnam Singh has already undergone about 8 months out of actual sentence. The learned counsel requested to take lenient view. Learned State counsel argued that Atma Singh was armed with gandasa, Satnam Singh was armed with kasouli, whereas Major Singh was armed with iron rod. 11 injuries were noticed on the person of deceased. Murder was as per planning. Admittedly, all the convicts, namely, Atma Singh, Satnam Singh and Major Singh, were on bail during trial and were acquitted. Against acquittal, appeal was preferred by the State, Satnam Singh, armed with kasouli, gave blow from the sharp side on the head of Manjit Singh, Major Singh gave rod blow on the right shoulder, whereas Atma Singh gave gandasa blow from reverse side. Number of injuries were noticed on the person of deceased. Accused are the first offenders and at the time of occurrence, Atma Singh was 40 years' old, Satnam Singh was 27 years' old, whereas Major Singh was 35 years' old. Keeping in view the facts of the case and antecedents of the accused, namely, Atma Singh, Satnam Singh and Major Singh, we take lenient view and order them to undergo RI for seven years and to pay a fine of Rs.1,000/-, in default of payment of fine, to further undergo RI for three months each under Section 304 Part-I IPC. Accused are directed to surrender before the concerned Crl.Appeal No.759-DBA of 2002 3 authority to undergo aforesaid imprisonment, failing which the concerned authority to issue arrest warrants of the convicts to undergo the remaining sentence. ( JORA SINGH ) JUDGE 20.8.2010 ( SATISH KUMAR MITTAL ) pk JUDGE