DARSHNA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal revision petition has been filed against the judgment dated 11.9.2013, whereby the Additional Sessions Judge, (Adhoc) Fast Track Court, Hoshiarpur has modified the judgment of conviction and order of sentenced passed by the Judicial Magistrate First Class, Mukerian (hereinafter referred to as 'the trial Court') dated 9.5.2012 and released the accused on probation.

(2.) PROSECUTION story, in brief, is that there was a boundary dispute between respondent no.2/complainant and petitioners. On 15.7.2005 at about 8:15 a.m, respondent no.2/complainant reached in his fields. All the accused were already present there. On seeing the complainant, petitioner no.1 raised lalkara to catch hold of the complainant and at this petitioner no.2 took hold of the arms of the complainant. Petitioners no. 3 and 4 inflicted injuries and stone blows upon the complainant. The complainant was thrown on the ground and he was mercilessly beaten by the petitioners. Complainant sustained injuries on his legs and other parts of the body. Dilbhag Singh, Sain Dass Lamberdar and Ravinder Singh saw the entire occurrence and rescued the complainant from the clutches of the accused. The complainant was admitted in the Civil Hospital, Talwara on the same day and police recorded the statement of the complainant but in place of registering FIR against the accused, complainant was challaned under Sections 107, 151 of Cr.P.C by the police. Complainant approached the police but all in vain. Hence a complaint under Sections 325, 323, 506 and 149 IPC was filed.

(3.) THE accused were ordered to be summoned to face trial under Sections 325, 323, 506, 148, 149 IPC.