JASBIR SINGH AND ORS. Vs. KULBIR SINGH

JUDGEMENT

(1.) Instant criminal revision petition is directed against the impugned order and charge sheet of even date, i.e. 28.7.2014, whereby the learned Additional Sessions Judge, Gurdaspur, found a prima facie case made out against the accused persons, including present petitioners, for framing of charges for the offences punishable under Ss. 506/450/326/325/323/148/149 of the Indian Penal Code ('IPC' for short).

(2.) Notice of motion was issued and thereafter, on the joint request made on behalf of both the parties, matter was referred to the Mediation and Conciliation Centre of this Court, vide order dated 14.9.2015, to explore the possibility of amicable settlement between the parties. However, parties could not arrive at an amicable settlement. That is how, this Court is seized of the matter.

(3.) Learned counsel for the petitioners raised only one issue that petitioners could not have been charge sheeted for the offences punishable under Sec. 450 IPC, because the offence under Sec. 326 IPC, allegedly committed by the petitioners, was not punishable with at least imprisonment for life, but it was punishable with imprisonment of either description for a term which may extend to 10 years or imprisonment for life. He further submits that for the purpose of framing of charge under Sec. 450 IPC, offence committed after house trespass should have been punishable with imprisonment for life and not for any lesser punishment. Since, in the present case, subsequent offence after house trespass, as alleged against the petitioners, was only for an offence under Sec. 326 IPC, which was punishable with imprisonment for life or with imprisonment of either description which may extend to 10 years, provisions of Sec. 450 IPC would not be attracted. He concluded by submitting that since the learned trial court has failed to appreciate this material aspect of the matter, while passing the impugned order, the same has resulted in miscarriage of justice. In support of his contentions, learned counsel for the petitioners places reliance on two judgments of this Court in the cases of Amrik Singh and another v/s. State of Punjab,, 1998 (2) Civil Court Cases, 136, and Tejinder Singh and another v/s. State of Punjab (CRM -M -1807 of 2010 decided on 30.7.2010). He prays for setting aside the impugned order as well as the charge sheet, by allowing the present petition.