LAKHVIR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present criminal appeal is to the judgment dated 07.07.2012 passed by learned Additional Sessions Judge, Patiala, whereby conviction of respondents No. 2 and 3 has been upheld, however, order of sentence has been modified and respondents No. 2 and 3 have been granted the benefit of provisions of the Probation of Offenders Act, 1958 (for short 'the Probation Act').

(2.) IN brief, the facts relevant for disposal of instant appeal are to the effect that on 23.03.2004 at about 5.30 a.m. when the petitioner - complainant was watering his fields, respondents No. 2, 3 and Shingar Singh suddenly attacked the petitioner with kasi and dangs, respectively, in their hands. Respondent No. 2 gave kasi blow on the neck of the petitioner, which hit the jaw of the petitioner as a result of which jaw of the petitioner got dislodged/fractured. Shingar Singh and respondent No. 3 gave dang blows on the other body parts of the petitioner and petitioner became unconscious. On seeing the mother of the petitioner, respondents No. 2, 3 and Shingar Singh ran away from the spot. Petitioner was admitted to the Civil Hospital, Samana, wherein he was medico -legally examined. X -ray examination revealed fracture of jaw. Statement of the petitioner was recorded, however, no FIR was registered. Petitioner filed a criminal complaint. After examination of the witnesses, trial Court vide judgment of conviction dated 11.08.2009 and order of sentence dated 18.08.2009 convicted respondents No. 2 and 3 as under: <IMG>JUDGEMENT_182_LAWS(P&H)5_2015.jpg</IMG>

(3.) BOTH the sentences were ordered to run concurrently.