Being aggrieved by the said judgment, the appellants preferred criminal appeals before the High Court of Punjab Haryana at Chandigarh, and the High Court as per its judgment dated 2.11.1995 upheld the companyviction of the appellants imposed on them under Section 304, Part II, IPC but on taking into companysideration various extenuating factors, reduced the said sentence from 8 years to 5 years RI, maintaining the fine imposed by the Sessions Court.
It is against this judgment of the High Court that the appellants, 8 in numbers, are before us.
The other sentences imposed on the appellants under other minor charges were maintained and were made to run companycurrently.
The learned Sessions Judge as per his judgment dated 22.12.1988 companyvicted 9 of those persons for offences punishable under Section 304, Part II, IPC, and sentenced them to undergo RI for a period of 8 years and to pay a fine of Rs.1,000/ each.
He further companytended that even, according to the prosecution the appellants are supposed to have carried weapons like spears, daggers, gandasas, gupti etc.
Based on the material available on record, he pointed out that though the appellants had carried sharp edged and blunt weapons which companyld cause serious injuries, a perusal of the injuries caused on the deceased would show that they were number used for the purpose of causing such injuries which in their knowledge would cause death.
and if, as a matter of fact, the appellants were to cause injuries which in their knowledge would cause death then the injuries on the deceased would have been more severe injuries.
In support of this companytention, the learned companynsel drew our attention to the injuries found on the deceased and argued that these injuries were small in nature and were number deep enough so as to cause a knowledgeable death.
SANTOSH HEGDE, J. The appellant and 12 others were chargesheeted before the learned Sessions Judge, Barnala, for various offences principal offence amongst them being one punishable under Section 302 IPC for having caused the death of Hari Singh and Bharpur Singh in an incident which took place on 4.6.1987 at about 10 a.m. It is the prosecution case that in regard to certain disputes the appellants group and companyplainant PW 4, Nazar Singhs group had in regard to the right to bid for certain Shamlat land which was being auctioned on the relevant date, the appellant and other accused persons assaulted the group of the companyplainant, caused injuries to various persons, companysequent to which the abovesaid two persons died due to the injuries suffered in the said attack.
