PARAMJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has filed the present revision petition challenging the judgment dated 23.07.2014 passed by Learned Addl. Sessions Judge, Patiala, whereby the respondents No. 2 to 5 have been extended the benefit of probation and released on probation of good conduct under section 4(1) of the Probation of Offenders Act (for short "the Act") on furnishing personal bonds in the sum of Rs.30,000/- with one surety in the like amount each with an undertaking to keep peace and be of good behaviour and to appear and receive the sentence as and when called upon to do so by the Court during the period of two years. Besides this, they were also directed to pay compensation to the tune of Rs.15000/- to the complainant-Paramjit Kaur under section 357 Cr.P.C.

(2.) Learned Judicial Magistrate 1st Class, Patiala vide judgment of conviction and order of sentence dated 10.03.2012 passed in criminal complaint No. 30-T of 11.01.2005 convicted and sentenced the respondents No.2 to 5 as under:- <FRM>JUDGEMENT_389_LAWS(P&H)12_2015_1.html</FRM>

(3.) Briefly stated, the facts of the case are that petitionercomplainant filed a complaint against the respondents No.2 to 5 under sections 452, 323, 325, 354, 504, 506 read with section 34 IPC stating therein that one of gates of her house was opening towards the house of respondents-accused, to which they were raising objection saying that her family had been seeing in their home. There used to be quarrel between them and on account of that they had entered into compromise on several occasions. However, on 28.10.2004 at about 7.30 a.m. accused started abusing the complainant and hurling brick bats towards her. One of the brick bats hit on her head and the blood started oozing out, upon which she raised alarm and went inside her house. In the meantime, accused Madan Lal armed with an iron bar, accused Sunny with brick bats and accused Om Parkash with iron bar entered into their house and also caused injuries to her husband Balbir Singh and daughter Preeti. Upon raising alarm, people of the locality gathered at the spot and saved the complainant and her family. While leaving the spot, accused threatened them that they will kill them on some other day.