BUTA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal revision petition has been filed under Sec. 397 Cr.P.C. for setting aside the impugned judgment dated 6.6.2015 passed by learned Additional Sessions Judge, Bathinda, whereby the appeal filed against the impugned judgment of conviction and order of sentence dated 24.2.2015 passed by learned Judicial Magistrate Ist Class, Phul in case FIR No. 44 dated 26.5.2011 registered for the offences under Ss. 452, 325, 323 read with Sec. 34 IPC at Police Station Dialpura, vide which the accused/petitioners have been convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,500/ - each and in default of payment of fine to further undergo simple imprisonment for two months for the offence under Sec. 452 IPC read with Sec. 34 IPC; to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/ - each and in default of payment of fine to further undergo simple imprisonment for one month for the offence under Sec. 325 read with Sec. 34 IPC and also to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo simple imprisonment for seven days for the offence under Sec. 323 read with Sec. 34 IPC, has been partly allowed. The sentence of the accused has been modified and by reducing the sentence, the accused have been ordered to undergo rigorous imprisonment for a period of one year instead of two years for the offence under Sec. 452 read with Sec. 34 IPC and similarly, the sentence awarded under Sec. 325 read with Sec. 34 IPC has been reduced to rigorous imprisonment for six months instead of one year. Remaining part of sentence awarded to the accused has been ordered to remain unchanged.

(2.) The brief facts of the case are that on 26.5.2011, complainant -Raaman Singh and his son -in -law Jatinder Singh met ASI Sewak Chand and Raaman Singh got recorded his statement that he has two sons, namely, Naib Singh and Sukhmander Singh. Naib Singh is serving in army and married. Second son had gone to Dubai and one daughter is also married. About ten years ago complainant Raaman Singh had purchased 5 Kanals 5 Marlas land from Buta Singh alias Balvir Singh. Naib Singh son of the complainant had come back to the house on vacations. On 17.5.2011, Naib Singh was cleaning watt (demarcation), complainant and his wife Gurmail Kaur were throwing grass outside and then they all came in the house. Then at about 6.00 p.m., Buta Singh alias Balvir Singh and his brother Sukhdev Singh armed with sticks, Mander Singh armed with iron patti, Sikander Singh armed with stick raised 'Lalkara' that Naib Singh should come out and they will taught him a lesson. At this, when the complainant opened the main gate of his house, then the said four persons along with their weapons forcibly entered into the house of the complainant. Buta Singh alias Balvir Singh gave blow of stick which hit on the back side of the complainant and on his right cheek near eye brow. Meanwhile Naib Singh, daughter -in -law Kamaljit Kaur and wife Gurmail Kaur came to rescue the complainant, then Sukhdev Singh gave blow of stick which hit on left shoulder. Thereafter, Sukhdev Singh gave two blows of stick which hit on the left shoulder (Mora) of Naib Singh. Sikander Singh also gave blow of stick which hit on the nose of Naib Singh, then Mander Singh started throwing bricks bat which hit on the left leg of Kamaljit Kaur and she fell down and Sikander Singh gave kick blows at her stomach. The complainant raised 'raula' and thereafter, the accused fled away from the spot along with their respective weapons. After necessary investigation, challan was presented in the Court.

(3.) On presentation of challan, the learned trial Court finding prima facie case against the accused -petitioners framed charges for the offences under Ss. 452, 325, 323 read with Sec. 34 IPC, to which the accused pleaded not guilty and claimed trial.