JOGA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner, the complainant in FIR No. 56 dated 11.07.2001 recorded at Police Station City Fazilka, under Sections 451, 452, 440, 427, 325 and 323 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') is aggrieved by the order dated 19.09.2013 whereby learned Additional Sessions Judge, Fazilka (for short 'appellate court') while maintaining conviction of the private respondents under Sections 148, 451 452, 427, 325, 323, 440 read with Section 149, IPC, as awarded by the learned Sub Divisional Judicial Magistrate, Fazilka (for short 'trial court') vide order dated 06.02.2012, has extended to them benefit of probation under Section 4 (1) of the Probation of Offenders Act, 1958. I have heard learned counsel for the petitioner. Case of the prosecution as noticed by learned trial court is as under:-

(2.) On the basis of this statement, the FIR in this case was registered against the accused. Investigating Officer conducted the spot investigation and prepared rough site plan of the place of occurrence and also recorded the statements of witnesses under Section 161, Cr.P.C., and after the completion of investigation challan against the accused was presented in the Court and copies of documents relied upon by the prosecution were supplied to the accused free of cost as required under Section 207 Cr.P.C."

(3.) Having found a prima facie case, learned trial Magistrate charged the private respondents under Sections 451, 452, 427, 325, 323, 440 and 148 read with Section 149, IPC, to which the private respondents pleaded not guilty and claimed trial. Prosecution examined complainant Joga Singh as PW-1, Sarwan Singh, eye witness as PW-2, ASI Darshan Singh, the Investigating Officer as PW-3, Dr. Yashpal Jassi as PW-4, SI Harbhajan Singh as PW-5 and Amin Chand as PW-6.