KULVIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is complainant's revision petition against the judgment dated 3.4.2015 passed in appeal by learned Additional Sessions Judge, Hoshiarpur whereby appeal against judgment of conviction and order of sentence dated 5.3.2015 passed by Sub Divisional Judicial Magistrate, Mukerian was accepted partly and the accused respondents No. 2 to 9 herein have been ordered to be released on probation.

(2.) Relevant facts of the case, that on 15.03.2009, police received a medical ruqa from Civil Hospital, Mukerian but as per opinion given by the doctor concerned, the petitioner injured was unfit to make the statement and thereafter, the Investigating Officer recorded the statement of injured on 17.3.2009. As per the statement of Kulvir Singh, injured, petitioner herein, on 15.3.2009, he was going towards his fields from his home. At about 3.30 PM, when he reached the house of Chaman Singh, Sukhdev Singh and Shakuntla Devi were standing outside the gate of Sukhdev Singh and exhorted that since Kulvir Singh is alone, he be taught a lesson for illegally encroaching their land. At that time, Rajesh Kumar son of Sukhdev Singh armed with baseball slugger, Vijay Kumar son of Hoshiarpur Singh, armed with bat, Jatinder Kumar son of Hoshiar Singh armed with stick, Varinder alias Bindu son of Sukhdev armed with Cudgel, Sudesh Kumar son of Mala Ram armed with Cudgel, Sarwan Kumar son of Sudesh Kumar were running after him while hurling filthy abuses. Rajesh Kumar alias Sodu wielded a blow with baseball slugger which hit front portion of his head. Vijay Kumar gave a blow with his bat which hit his left elbow when he raised his left arm in order to save himself. Jatinder Kumar wielded a stick blow thereby hitting backside of his left hand. Varinder Singh gave another Cudgel blow hitting his right thigh. Thereafter, all the accused persons started thrashing him. The injured raised alarm which attracted his brother Randhir Singh, Kuldip Singh and his wife Malkiat Kaur at the spot. Thereafter accused persons fled away from the spot. The basis of dispute was land belonging to Godi Dharamshala which Sukhdev Singh used to cultivate on lease basis and an year prior to the occurrence, Randhir Singh started cultivating the land.

(3.) Police started the investigation. Learned trial Judge completed the trial, including framing of charge against the accused, recording of evidence and examining the accused under Section 313 Cr.P.C., and after considering the prosecution evidence and defence evidence held the accused guilty and convicted and sentenced them on 5.3.2015 as under :- <FRM>JUDGEMENT_432_LAWS(P&H)10_2015_1.html</FRM>