RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Raj Kumar son of Puran Chand, resident of House No.1217, Gali No.2, Dhapai Road, Guru Nanak Pura, Amritsar has filed the present revision petition against the judgment dated 5.5.2015 passed by learned Additional Sessions Judge, Amritsar, whereby the judgment of conviction dated 30.1.2013 passed by learned Judicial Magistrate Ist Class, Amritsar against the private respondents-accused under Section 452 IPC has been set aside and they have been granted the benefit of probation for offence under Sections 323, 506 IPC.

(2.) Briefly stated, the respondents-accused were sent for trial under Sections 323, 341, 294, 506, 283 and 34 IPC by the SHO, Police Station, Islamabad, Amritsar. The complainant had lodged the FIR No.57/2008 under Sections 323, 341, 294, 506, 283 and 34 IPC to the effect that he is resident of House No.1217, Gali No.2, Dhapai Road, Guru Nanakpura, Amritsar and in front of his shop, he is having another plot, which is four cornered by wall and is also having a gate. The said plot is also within Street No.2, Guru Nanakpura, Amritsar. On 3.3.2008, in the evening, the complainant was getting the flooring of the said plot done and it was around 6.30 P.M. when the labourers had left and the complainant was sitting in the said plot and was talking with his wife. At that time, Jasbir Singh armed with slugger, Kala and Sunny armed with rods, all sons of Manmohan Singh r/o Street No.2, Guru Nanak Pura, Amritsar, were accompanied by two unidentified persons, who were also armed with sticks, raised lalkara and forcibly entered into the plot of the complainant by forcibly opening the gate of the plot. Jasbir Singh hit on the head of the complainant with his slugger and Kala and Sunny gave fist blows while their mother Kawaljit Kaur along with aforesaid unidentified persons was encouraging them. However, when the wife of the complainant raised an alarm, the brother-in-law of the complainant Uttam Singh, who was passing by on his auto-rickshaw, came there along with other nearby respectables. Seeing the aforesaid persons, the accused took to their heels along with their weapons. The reason for the incident was reported to be a heap of sand lying in the street in front of the plot of the complainant which was laid by the accused. Initially, no formal complaint was made by the complainant to the police and the respectables of the locality intervened to effect a compromise between the parties, but to no avail. It is, thereafter, the complainant reported the matter to the police on 19.3.2008 and a formal FIR was registered.

(3.) The trial Court vide judgment dated 30.1.2013 held the accused Surinder Singh, Jasbir Singh, Parminder Singh and Kawaljit Kaur guilty for offence punishable under Section 452, 323 read with Sections 34 and 506 IPC and sentenced them as under:- <FRM>JUDGEMENT_632_LAWS(P&H)9_2015_1.html</FRM>