BALWINDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The appellant, who had received injuries in the occurrence in question, has filed the present appeal for challenging the judgment and order dated 12/13.2.2015 passed by the trial Court to the extent of acquitting respondents No.2 to 4, namely, Sandeep Kumar, Ashok Kumar and Ram Sarup of the charges against them. Prayer has also been made for enhancing the sentences of imprisonment of respondents No.5 and 6, namely, Amit Kumar and Salinder.

(2.) The case of the prosecution in nutshell is that on 15.10.2013 at about 5.30 p.m. when the appellant alongwith his brother Ilam Chand and one Dharam Singh was returning from temple and reached near outer road of their village, respondents No. 5 and 6, namely, Amit Kumar and Salinder @ Kaka came on a motor cycle from the side of the village. Salinder, who was driving the motor cycle, hit the motor cycle in between the legs of appellant-Balwinder Singh as a result of which, Balwinder Singh fell down. Amit Kumar then gave knife blow in the abdomen and on the head of Balwinder Singh whereas Salinder gave kicks and fist blows to Balwinder Singh. Dharam Singh managed to rescue Balwinder Singh. Ilam Chand tried to catch hold of the assailants but they fled away on a motor cycle. After hearing the noise, respondents No.2 to 4, namely, Sandeep Kumar, Ashok Kumar and Ram Sarup came at the spot. Sandeep Kumar was armed with a sword while Ashok Kumar and Ram Sarup were carrying dandas. They inflicted injuries on the head and back of injured Balwinder Singh. The reason for causing injuries was said to be old enmity.

(3.) As regards the prayer made by the appellant for enhancement of sentence of imprisonment of respondents No.5 and 6, namely, Amit Kumar and Salinder, it may be noticed that no such right of appeal for enhancement of sentence of imprisonment has been accorded to the victim. The victim has been given right to appeal in case of acquittal of the accused or conviction of the accused for a lesser offence or for enhancement of compensation as is clear from the reading of proviso to Section 372 Cr.P.C. On the other hand, right to appeal for enhancement of sentence of imprisonment has only been granted to the State under Section 377 Cr.P.C.