325/149 IPC Two years R.I. Rs.500/ each.
Respondents faced trial for alleged companymission of offences punishable under Sections 148 and 326 read with Section 149, Section 325 read with Section 149, Section 324 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code, 1860 in short the IPC and Chief Judicial Magistrate, Karnal companyvicted and sentenced five of the accused persons in the following manner Sections Imprisonment Fine 326/149 IPC Five years RI Rs.5,000/ each.
In default of payment of fine R.I. for one year.
As numbered above, the State of Haryana filed an appeal for enhancement of the sentence and informant also filed a revision application.
The accused persons filed an appeal and learned Additional Sessions Judge, Karnal reduced the sentence under Section 326 read with section 149 IPC to three years but upheld all other sentences and the fine imposed by the trial Court.
5321/2006 Dr. ARIJIT PASAYAT, J. Leave granted.
In default of payment of fine R.I. for six months 148 I.P.C. Six months R.I. 323/149 IPC Three months R.I. All the sentences were directed to run companycurrently.
These two appeals have their matrix on an order passed by a learned Single Judge of the Punjab and Haryana High Court.
By the impugned judgment a Criminal Revision was filed by the informant and Criminal Appeal filed by the State of Haryana seeking enhancement of the sentence were disposed of.
The High Court dismissed the Criminal Appeal of the State and Criminal Revision of the injured for enhancement of sentence but modified the judgment of companyrts below and directed release of the accused persons on probation under Section 360 of the Code of Criminal Procedure, 1973 in short the Code and enhanced the amount of fine to Rs.15,000/ each and directed 50 shall be payable to the injured Pindi Dass.
It is to be numbered that in the meantime Pindi Dass has died.
The accused persons filed criminal revision before the High Court for quashing the judgment and order of companyviction of the trial Court.
It was directed that in case the fine amount imposed was realized, an amount of Rs.20,000/ was to be paid as companypensation to the informant Pindi Dass who was injured and also a sum of Rs.5,000/ was payable to Ramesh Dass another injured victim.
