JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dtd. 3/8/2015 passed by learned Additional Sessions Judge, Jalandhar vide which accused/respondents No. 2 and 3 have been acquitted under Sec. 325 of Cr.P.C. and respondent No. 3-Ajit Singh has been released on probation in the FIR No. 360 dtd. 28/11/2007 registered under Ss. 325, 323, 34 of Indian Penal Code at Police Station Nakodar.

(2.) The prosecution story in brief is that the present case was registered on the basis of statement dtd. 24/11/2007 of petitioner Jaswinder Singh who stated that he is a permanent resident of Australia and he is having house in village Dherian and also other land there. On 17/11/2007, he came to his village from Australia. A JCB Machine was hired for levelling his land on 22/11/2007. The land of Mohan Singh of Village Dherian adjoins his land and they are having common Watt and the said adjoining land belongs to Mohan Singh and Sohan Singh sons of Joginder Singh of Village Syaliwal. At 9.15 ?.?., on 23/11/2007, the JCB machine was stopped by accused-respondent No. 1 by saying that the watt of land in which JCB machine is operating is wrong. Sital Singh, Sarpanch called the petitioner by telephonic call and asked the petitioner to come to the land because Sukhdev Singh etc. are raising objections that Watt is wrong. Sital Singh Sarpanch, Ajit Singh, Sukhdev Singh and another person were there. The petitioner took his car and reached the land and after some time Sital Singh Sarpanch, Kala Panch, Ajit Singh, Sukhdev Singh and three persons reached at the spot. Immediately, on reaching at the spot, Ajit Singh started abusing the petitioner stating that he has received telephonic call of Sohan Singh from England asking to stop of the work. The petitioner asked them that the owner can come and get the demarcation done and if any land is found to be in his possession, he will leave the excess land. The petitioner asked Ajit Singh, if he is having any power of attorney, then Ajit Singh pushed the petitioner and petitioner fell down and thereafter, Ajit Singh and his son Sukhdev Singh gave blows on the left shoulder, left knee, left elbow of the petitioner. Sukhdev Singh gave kick blows on the knee of the petitioner. Ajit Singh gave blows on left eye of the petitioner and also on the back side of left back by way of kicks. Sukhdev Singh caught hold the neck of the petitioner and began to push and pull the same. The petitioner raised hue and cry. Then Sital Singh, Sarpanch and Kala Panch, rescued the petitioner and then petitioner gave telephone call to his uncle Colonel Daljit Singh, who put the petitioner in his car and took him to Civil Hospital, Nakodar. On the basis of this statement, a case under Ss. 325/323/34 of IPC was registered.

(3.) Learned counsel for the petitioner contends that the learned lower Appellate Court fell into error by acquitting private respondents No. 2 and 3 under Sec. 325 of Indian Penal Code and further by modifying the sentence of the respondent No. 3 to granting him probation for a period of six months as the same is based on untenable grounds. The charges against the private respondents-accused stand duly proven by all the prosecution witnesses and as such, the learned Court below ought not to have acquitted the private respondents No. 2 and 3 under Sec. 325 of IPC and also further ought not to have granted the benefit of probation to respondent No. 3.