HARBHAGWAN DASS Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present criminal revision is to the judgment dated 18.01.2014 passed by learned Additional Sessions Judge, Fazilka, whereby conviction of respondents No. 2 to 8 has been upheld, however, they have been granted the benefit of provisions of the Probation of Offenders Act, 1958 (for short 'the Probation Act').

(2.) IN brief, the facts relevant for disposal of instant appeal are to the effect that petitioner - Harbhagwan Dass made a statement before the police that he is an agriculturist by profession and that on 10.02.2010 at about 6.00 pm, he alongwith his cousin Har Krishan Lal, son of Kesar Ram, boarded on a Zen car bearing R.C. No. HR 20F 4211, had gone to their fields in village Jhotianwali. He further stated that the field of Jagmohan Singh, son of Jagga Singh was adjoining to his fields. When they stopped their car on the katcha path and were about to disembark, Jagmohan Singh @ Goldi armed with a sword, Mantu, son of not known armed with a sword, Gora Singh armed with a dang, Kala Singh armed with a sota, Tillu armed with a sota, Billu armed with a dang, Sonu son of Channa Singh armed with a spade, Ronki son of not known armed with a sota, accompanied by 3 -4 unknown persons came there and Jagmohan Singh raised a lalkara to teach a lesson to the complainant. Saying so, Jagmohan Singh gave a sword blow, which hit on the left side of the complainant's forehead. Then, Jagmohan gave another sword blow, which also hit on his forehead on right side. Mintu gave two sword blows, one of which hit on left side of his head and another blow hit on right side, from its sharp edge. Gora Singh gave a dang blow on the reverse side of his left hand and Kala Singh gave a sota blow which hit on the backside of his right hand. He (complainant) fell down on the earth and then Tillu and other un -known persons kicked him. When his cousin Har Krishan came forward to save him, the accused gave injuries to him also with their respective weapons and also damaged his Zen car. On hearing their hue and cry, his brother Harbhajan Lal and other people gathered on the spot, whereupon, all the accused, boarded on a tractor, ran away from the spot alongwith their respective weapons. The motive behind the occurrence was that the father of accused Jagmohan Singh sold his land to Mathra Dass Commission Agent, from whom, he had purchased the land, due to which, the accused nourished a grudge against the complainant and because of that reason, the accused had caused them injuries. The complainant stated that his brother Harbhajan Dass admitted him in Civil Hospital, Fazilka, where the doctor provided him treatment. On the basis of said statement, FIR was registered. After completion of investigation, challan was presented and respondents No. 2 to 8 were charge -sheeted for the offences punishable under Sections 324, 323, 148 read with Section 149 IPC. After appreciation of evidence, trial Court vide judgment of conviction and order of sentence dated 23.10.2013 sentenced respondents No. 2 to 8 as under: -

(3.) AGGRIEVED against the judgment of conviction and order of sentence, respondents No. 2 to 8 preferred an appeal before the learned Additional Sessions Judge, Fazilka. Learned Additional Sessions Judge upheld the conviction of respondents No. 2 to 8, however, modified the sentence part and they were released on probation. Hence, this appeal.