LAWS(P&H)-2013-5-438

CHARANJIT SINGH Vs. SUKHWINDER SINGH @ BINDER & ORS

Decided On May 22, 2013
CHARANJIT SINGH Appellant
V/S
SUKHWINDER SINGH @ BINDER And ORS Respondents

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for deciding the instant revision petition and emanating from the record, is that, initially, in the wake of complaint of petitionercomplainant Charanjit Singh son of late Chanchal Singh (for brevity "the complainant"), a criminal case was registered against Sukhwinder Singh alias Binder son of Dev Raj and others accused (private respondents), vide FIR No.84 dated 14.7.2002, on accusation of having committed the offences punishable u/ss 148, 307, 323, 324, 326 and 427 read with section 149 IPC and Section 3 (i) (iii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as "the Act") by the police of Police Station Goraya, District Jalandhar.

(2.) Sequelly, the Special Judge acquitted all the accused for the commission of offences punishable u/ss 307/326 IPC and section 3 of the Act. Although accused Sukhwinder Singh alias Binder, Satnam Singh and Pavittar Singh were convicted u/ss 323 and 324 read with section 34 IPC, by virtue of impugned judgment of conviction dated 24.9.2009, at the same time, they were ordered to be released on probation on their furnishing probation bonds in the sum of Rs. 10,000/- each with one surety in the like amount undertaking to be of good behaviour for a period of one year and to come and receive sentence if so called upon to do so by the Court. They were further directed to pay a sum of Rs. 10,000/- each as compensation to the injured-complainant, by means of impugned order of sentence of even date.

(3.) Aggrieved thereby, the complainant preferred the present revision petition to challenge the impugned judgment of conviction & order of sentence, invoking the provisions of section 401 Cr.PC.