KASHMIR SINGH Vs. SARDUL SINGH

JUDGEMENT

(1.) THIS is a criminal revision filed by Kashmir Singh complainant.

(2.) SOME facts can be noticed in the following manner :- S/Shri Sardul Singh, Tara Singh, Randhir Singh and Chanan Singh were prosecuted in case FIR No. 120/89 under Section 324/323/34 IPC registered at Police Station, Jandiala. The learned Magistrate vide judgment and order dated 15.6.1995 came to the conclusion that the prosecution has been successful to bring home the guilt of all the accused beyond the shadow of a reasonable doubt. Consequently, they were convicted and sentenced for the offence under section 324/323/34 IPC though the charge was under section 326 IPC. While modifying the offence from Section 326 to 324 IPC, the learned Magistrate in para No. 18 of the judgment held as follows :-

(3.) COMPLAINANT Kashmir Singh is not satisfied with the order passed by the learned Addl. Sessions Judge and he filed the present revision which came up for hearing before Hon'ble Mr. Justice M.L. Singhal on 8.10.1988 and his Lordship was pleased to pass the following order :-