TARA SINGH Vs. BALKAR SINGH AND OTHERS

JUDGEMENT

(1.) The matrix of the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially in the wake of complaint of petitioner complainant Tara Singh son of Chiman Singh (for brevity 'the complainant'), a criminal case was registered against Balkar Singh son of Piara Singh and others respondents-accused Nos.1 to 3, vide FIR No. 133 dated 21.10.2005, on accusation of having the committed the offences punishable under Sections 326, 323 and 324 read with Section 34 IPC, by the police of Police Station Sadar Mamdot, District Ferozepur.

(2.) After the trial, the respondents-accused were convicted and sentenced, by virtue of impugned judgment of conviction and order of sentence dated 09.06.2011, by the trial Court, in the following manner: - <FRM>JUDGEMENT_462_LAWS(P&H)9_2014_1.html</FRM>

(3.) Aggrieved thereby, the appeal filed by the appellants was partly accepted. The respondents-accused Balkar Singh and Pala Singh were acquitted, whereas the conviction and sentence of main accused Babu Singh under Section 326 IPC was set aside and he was held guilty, convicted and sentenced under Section 324 IPC and was ordered to be released on probation of good conduct under Section 4(1) of The Probation of Offenders Act, 1958 on his executing Probation bonds in the sum of Rs. 10000/- with one surety in the like amount. At the same time, he was also directed to pay a sum of Rs. 2000/- as litigation expenses as well as Rs. 7000/- as compensation, to be paid to the complainant, by means of impugned judgment dated 22.08.2012, by the appellate Court.