1989 PLP 1528 (MLD)

Malkiat Singh U/s. 148 I P C R I for one year U/s. 302/149 I P C Imprisonment for life. U/s.325 I P C R I for two years. U/s.324/149 I P C R I for one year. U/s.324/149 I P C R I for one year. Ran Singh, Dan Singh U/s. 148 I PC R I for one year each. and Rattan Singh U/s. 302/149 I P C imprisonment for life each. U/s.325/149 I P C R I for two years U/s. 324 IP R I for one year.

2. On appeal learned Judges of the High Court after considering the evidence acquitted all others, but convicted the present three appellants Ran Singh, Dan Singh and Rattan Singh and that all the three appellants have been convicted under section 302 and sentenced to imprisonment for life and a fine of Rs. 5,000 each. After hearing learned counsel for the parties it is apparent that these three appellants have been convicted under section 302 and therefore, it is" necessary to find out the injury inflicted by each one of them on the person of the deceased. Admittedly according to the prosecution's own case Ran Singh and Rattan Singh were carrying Lathis which could be described as hard and blunt object. Such injuries on the person of the deceased were either on hands or on feet and at best what could be attributed to them could be injuries resulting in fractures. None of these two appellants could be convicted for causing injuries individually which could make out an offence under section

302. At best they could only be convicted under section 325 and maximum sentence under section 325 is seven years.

3. As regards Dan Singh, he was carrying Barchhi (spear) and two injuries which have been found on the person of the deceased are described as incised injuries 1 and

2. According to the evidence examined at the trial, this appellant has alleged to have inflicted injury by Barchhi (spear) on the right arm on the upper part. There is no injury on the upper part of the right arm which could be said to have been inflicted by a sharp-edged weapon. Even if any other injury could be attributed, it could only be either 1 or 2 and it is clear that none of these injuries are as per medical opinion fatal, which resulted in death of the deceased. 13 Even if injury No. 2 is attributed to this appellant, he at best could be convicted under section 326 or if injury No.1 is attributed to him also, he could be convicted under section 324 only. In either case, sentence of 5 years could be said to be sufficient.

4. It is reported that all these persons are in jail since October 1982 and therefore have completed more than 5 years imprisonment till today. In the circumstances of the case, in our opinion, even if their conviction is maintained under sections 325 and 326 sentence already undergone will meet the ends of justice. In the circumstances, therefore, the appeals are party allowed and conviction of the three appellants is altered from section 302 to sections 325 and

326. In the circumstances of the case their sentence is reduced to that already C undergone. Sentence of fine imposed by the Courts below is maintained. If the fine is not paid within three months from today, the appellants will suffer imprisonment for six month in default of payment of fine. H. B. T./F. C. Order accordingly.