SUPREME COURT OF INDIA

Jarnail Singh

Vs.

State of Punjab

S.L.P. (Crl.) No. 5022 of 2003

(Y. K. Sabharwal and D. M. Dharmadhikari JJ.)

12.07.2004

ORDER

1. Leave granted.

2. By impugned order dated 16th December, 2002, while reducing the sentence awarded to Jarnail Singh, Kewal Singh, Kaur Singh and Manjit Singh for offence under Sections 145 and 325/149 I.P.C. to six months and also reducing sentence for same period as against Manjit Singh for offence under Section 324, the High Court made it subject to Jarnail Singh, Kewal Singh, Kaur Singh and Manjit Singh paying a sum of Rs.10, 000/- each as compensation to be shared by Surjit Singh, Bahal Singh, Gurdial Kaur, Mapo and Balbir Singh equally. We do not know whether the said compensation has been paid or not. If not paid, the same shall be paid within a period of six weeks. All these accused except Manjit Singh have already undergone more than six months imprisonment. As on 14.2.2004, Manjit Singh has undergone imprisonment of 4 months and 26 days. The sentence of Manjit Singh is reduced to the period already undergone.

3. Insofar as Thana Singh is concerned, his sentence was reduced to one year for offence under Section 325 I.P.C. subject to his paying a sum of Rs.10, 000/- as compensation to Sukhdev Singh. He has undergone imprisonment of 6 months and 2 days. His sentence of one year is reduced to the period already undergone subject to the condition that if payment of compensation has not been made, it shall now be made by him in terms of judgment of the High Court within a period of six weeks, failing which the sentence awarded by the High Court will be maintained.

4. The appeal is disposed of accordingly.