JAGDISH SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment dated 29.10.2014 passed by the learned Additional Sessions Judge, Sangrur, extending the benefit of probation to the convicts -respondents, complainant has approached this Court by way of instant criminal revision petition.

(2.) Briefly put, facts of the case, which are necessary for disposal of the present case and as recorded by the learned trial Court in para 2 of its judgment, are that the criminal law was swung into motion pursuant to the statement, suffered by complainant Jagdish Singh (petitioner herein) to the effect that he has two elder brothers Sukhdev Singh and Baldev Singh. They all were residing separately. Their father passed away. Their mother Gurdial Kaur filed a case regarding maintenance against them. On 23.9.2008, after attending the court, he came to home. After eating meal, he along with his family members went to bed. At about 10.00 PM, his brothers Sukhdev Singh and Baldev Singh along with Gurpirt Singh, Harprit Singh sons of Sukhdev Singh, Jaswant Singh, Kulwant Singh and Sukhwant Singh sons of Baldev Singh came to his house in drunkard condition, started breaking open the lock and exhorted to teach a lesson for filing a case against them. After scaling over the wall, they pelted brick bats upon them, out of which one was struck on the back of his left shoulder. Being scared, he along with his family members went inside a room and locked the same. The accused persons armed with Soties, started breaking open the door and abusing them. He called Sarpanch of village to the spot on telephone, who came there. He pacified the accused persons and they went away from the spot. Thereafter, he along with his friend was going on his motorcycle to Ahmadgarh for medical treatment on the same day. When they reached near the bridge of canal in the area of Jandali, Sukhdev Singh, Gurprit Singh and Jaswant Singh armed with Soties on their motorcycle came through them, Sukhdev Singh gave Soti blow on the above side of his right wrist, as a result of which they fell down. Gurprit Singh gave blow with the handle of tap on his right buttock. Jaswant Singh gave two Soti blows on his right arm. Sukhdev Singh gave Soti blow on the left side of his head. Gurprit Singh gave a blow with his weapon on his right knee. They raised hue and cry. On seeing the people, the accused persons ran away from the spot along with their respective weapons. His friend got him admitted in Civil Hospital Ahmadgarh. Apple of discord was that the accused persons were suspecting on him regarding the case, instituted by their mother. On the basis of above statement of complainant, FIR was registered. Site plan of the witnesses were recorded.

(3.) After completion of investigation, report under Sec. 173(2) of the Code of Criminal Procedure ('Cr.P.C.' for short), having been presented, copies thereof along with documents attached therewith, were supplied to the accused, as envisaged under Sec. 207 Cr.P.C. A prima facie case was found and accordingly, the accused were charge -sheeted for the offences punishable under Ss. 148, 452, 323, 341, 506 and 149 of the Indian Penal Code 'IPC' for short). They pleaded not guilty and claimed trial.