AMIR CHAND Vs. TONY

JUDGEMENT

(1.) The present revision petition has been filed by the petitionercomplainant against the judgment dtd. 22/7/2015 passed by the Court of learned Additional Sessions Judge, Pathankot, whereby the appeal filed by the respondents/accused against the judgment and order dtd. 20/11/2013 passed by the Court of Additional Chief Judicial Magistrate Pathankot was partly allowed and conviction of the respondents under Sec. 148 and Ss. 323, 325 read with Sec. 149 IPC was upheld but the respondents were given benefit of probation while setting aside order of sentence dtd. 20/11/2013 passed by the aforesaid trial Court.

(2.) The brief facts of the case are that petitioner-complainant filed criminal complaint against the respondents alleging that he was owner of some land situated in village Bheri Bajurg Tehsil Pathankot, where he had planted mulberry trees and on 7/12/2007 he was present in his field and at that time respondent No.1-Tony started cutting the branches of mulberry trees with the help of 'Darat'. , to which the petitioner objected and then respondent No.1 went away after extending threats to the petitioner. Then on 8/12/2007 at about 8.00 am respondent No.1 Tony armed with iron rod, respondent No.2 Vicky, respondent No.3 Parbodh Chander and respondent No.4 Minka armed with dangs and respondent No.5 Dass (empty handed) trespassed into the field of the petitioner and then respondent No.5 raised lalkara and exhorted the other respondents to teach lesson to the petitioner for insulting his son Tony, on which respondent No.1 gave iron rod blows on the right leg and back side of the head of the petitioner, as a result of which he fell on the ground and then respondent Nos.2 to 4 started beating the petitioner with wooden dangs and the petitioner raised hue and cry and on hearing the same Ravi Kumar, Balbir and Darshan reached the spot and rescued the petitioner from the hands of respondents and then the respondents fled away from there after destroying the crop sown by the petitioner in his field. The petitioner was medico legally examined in civil hospital Madhopur on the same very day and the matter was reported to the police. However, the police failed to take any action against the respondents.

(3.) Finally, the petitioner filed private criminal complaint under Ss. 323, 325, 447 read with Sec. 149 IPC and under Sec. 148 IPC.